A Republican congressman from Texas has teamed up with Arizona’s would-be GOP electors to sue Vice President Mike Pence in a long-shot effort to reverse President-elect Joe Biden’s victory over President Donald Trump.
Rep. Louie Gohmert (R-Texas) filed the lawsuit on Sunday with 11 Arizona residents whom the state’s Republican Party had nominated to function electors if Trump had received there. The lawsuit filed in Texas federal court asks a Trump-appointed decide to throw out the principles that govern how Congress will rely the electoral votes subsequent week.
Pence is liable for presiding over the Jan. 6 joint session, the place the Electoral College votes for Biden and Trump might be tallied. Electors already forged their votes two weeks in the past, giving 306 votes to Biden and 232 to Trump. A candidate wants 270 votes to win the election.
The lawsuit argues that the Electoral Count Act of 1887 is unconstitutional as a result of it clashes with the 12th Amendment, which particulars the method for electing the president and vp. Gohmert alleges that the Electoral Count Act prevents Pence from exercising complete authority to decide on which electoral votes rely.
The legislation has lengthy ruled the method of counting electoral votes with little resistance, however Gohmert and his fellow Republicans within the swimsuit hope that the authorized effort will enable the vp to disregard Biden’s electors and as an alternative rely Trump’s dropping ones.
The lawsuit asks the courtroom to seek out that Pence “in his capacity as President of Senate and Presiding Officer of the January 6, 2021 Joint Session of Congress under the Twelfth Amendment … may exercise the exclusive authority and sole discretion in determining which electoral votes to count for a given State, and must ignore and may not rely on any provisions of the Electoral Count Act that would limit his exclusive authority and his sole discretion to determine the count, which could include votes from the slates of Republican electors from the Contested States.”
The Biden transition staff didn’t instantly return HuffPost’s request for remark.
Even although Biden was the licensed winner in battleground states like Arizona, Pennsylvania and Michigan, Republicans who would have been Trump’s electors met anyway and tried to forged their votes to reelect the present president. The group of such electors from Arizona are hoping Pence and GOP lawmakers will deal with these unofficial votes as equal to the slates that have been licensed in states Trump misplaced.
While the lawsuit probably received’t achieve momentum in courtroom, the hassle forces Pence to decide: both contest the lawsuit and face the wrath of Trump and his GOP allies, or help it and make apparent his intention to overturn outcomes of an election that confirmed no proof of being rigged or fraudulent.
The vp has engaged with GOP lawmakers who’re making an attempt to reverse Biden’s win, however he has not publicly voiced his opinion on the difficulty. He additionally has not hinted at how he plans to deal with presiding over the Jan. 6 session meant to certify Biden’s victory.
In the lawsuit, Gohmert mentioned he might be one of many House Republicans within the joint session who plan to problem Biden’s electors from battleground states. Dozens of different GOP congressmen plan to observe Gohmert, and no less than one Republican senator-elect ― Alabama’s Tommy Tuberville ― has indicated he might be part of them.
Senate Majority Leader Mitch McConnell (R-Ky.) has tried to discourage his caucus from taking part within the challenges, and second-ranking Republican chief Sen. John Thune (S.D.) confronted backlash from Trump after telling reporters that any challenges to the election outcomes would fail.
Under the Electoral Count Act, which Gohmert is difficult, a congressional chamber must come to a vote if even a single member of every department challenges electors from a number of states. But such a problem would probably fail below the present guidelines as a result of the Democratic-led House would vote to uphold Biden’s victory, and a number of other GOP senators have indicated that they don’t plan to help Trump’s efforts to overturn the election.
Calling all HuffPost superfans!
Sign up for membership to grow to be a founding member and assist form HuffPost’s subsequent chapter