Rep. Gohmert sues to give Pence ‘exclusive authority’ over Electoral College vote count

by WorldTribune Staff, December 28, 2020

Texas Republican Rep. Louie Gohmert has filed a lawsuit asking a federal court to give Vice President Mike Pence “exclusive authority” to decide which Electoral College votes should be counted at the joint session of Congress on Jan. 6.

Gohmert’s lawsuit contends that Pence’s role in the Jan. 6 session is to count all 50 states’ Electoral College votes. The lawsuit seeks to strike down the 1887 Electoral Count Act, asking Judge Jeremy Kernodle, a Trump appointee, to grant Pence the authority to overturn the election results in favor of President Donald Trump.

Any action taken by Pence on Jan. 6 to certify the Electoral College results to secure a win for Joe Biden will be fraudulent, the lawsuit says.

Gohmert filed the suit in the Eastern District of Texas. The entire delegation of GOP electors in Arizona joined him in the lawsuit.

Gohmert is also asking Kernodle to determine that Pence is authorized to pick Republican electors who cast votes for Trump during the Jan. 6 session.

The court should render a judgment on whether “Vice President Pence, in his capacity as President of Senate and Presiding Officer of the January 6, 2021 Joint Session of Congress under the Twelfth Amendment, is subject solely to the requirements of the Twelfth Amendment and 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,” Gohmert’s lawsuit further states.

Republicans in several contested states have cast votes for Trump and Pence, saying they did so to preserve lawsuit options for the president.

“Vice President Pence determines which slate of electors’ votes count, or neither, for that State,” states the lawsuit, which also asks the Texas federal court to issue a judgement. “If no candidate has a majority of 270 elector votes, then the House of Representatives (and only the House of Representatives) shall choose the President,” Gohmert’s suit says, adding that the Constitution’s 12th Amendment “contains the exclusive dispute resolution mechanisms” over elections.

Gohmert said he is joining the effort led by Alabama Republican Rep. Mo Brooks to challenge the Electoral College vote-count on Jan. 6.

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