As it stands now, Democratic candidate Joe Biden is set to be sworn into the Oval Office on January 20, but before that, the electors must be accepted by Congress in a process usually considered a formality.
But this year, that procedural step is subject to the latest effort to reverse the selected set of presidential electors. Gohmert is joined by Arizona GOP Chair Kelli Ward and the entire set of Republican presidential electors from Arizona in the challenge.
Texas’ presidential electors cast their votes for Donald Trump on December 14, in accordance with state and federal procedure.
The lawsuit argues that the Twelfth Amendment grants “[the Vice President] alone [the] exclusive authority and sole discretion to open and permit the counting of the electoral votes for a given state.”
Furthermore, the lawsuit states that when conflict arises “and where there are competing slates of electors, or where there is objection to any single slate of electors,” the vice president, who presides over the joint congressional congregation, should “determine which electors’ votes, or whether none, shall be counted.”
These provisions, the lawsuit asserts, are directly violated by the Electoral Count Act that set forth deadlines and procedures for electoral vote counting after the confusion compounded during the election of 1876 in which competing sets of electors and a divided Congress could not settle the result for multiple weeks.
“The 2020 presidential election was one we’d expect to see in a banana republic, not the United States of America,” Gohmert in a statement provided to The Texan. “In fact, the rampant fraud and unconstitutional actions that took place were so egregious that seven contested states — Arizona, Georgia, Michigan, New Mexico, Nevada, Pennsylvania, and Wisconsin all sent dueling slates of electors to Congress. This puts Vice President Mike Pence in a position where some argue he has to choose between morality and the law. That is not the case.”
Texas Congressman Lance Gooden (R-TX-05) has been spearheading an effort for Congress to object to the sets of electors in states such as Arizona, Georgia, Michigan, Pennsylvania, and Wisconsin — two of which, Georgia and Wisconsin, the GOP holds the majority within the respective congressional delegations.
Gooden called on Texas Sens. John Cornyn and Ted Cruz to join the maneuver, and along with Gohmert, Reps. Brian Babin (R-TX-35) and Randy Weber (R-TX-14) have also joined.
If the sets of electors in question are successfully cast aside, the choice would fall to the respective congressional delegations.
GOP electors in states that Biden won gathered in their respective states this past weekend and cast their, as of now ceremonial, votes for Donald Trump as an act of protest.
This is the latest legal challenge to the 2020 election results in which allegations of widespread and influential voter fraud were as frequent as their rejections in court.
Texas led the most recent effort, challenging the constitutionality of four states’ procedural election law changes without consent from their respective legislatures. The U.S. Supreme Court, however, dismissed the case due to a lack of legal standing.
“The D.C. elites want to sweep these electoral injustices under the rug, just as they have done with countless other scandals such as the Russia-collusion hoax, the Biden-Ukrainian quid-pro quo, and Hillary Clinton’s mishandling of classified information, to mention only a few,” asserted Gohmert.
“For the sake of the future of our Republic, come January 6th, Vice President Pence must be authorized to uphold the legal votes of millions of Americans and preserve our nation’s great experiment in self-governance.”
Some expect this latest challenge to meet the same fate, but Gohmert and company hope this Hail Mary is caught in the endzone come January 6.
Read the full text of the lawsuit below.
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Brad Johnson is an Ohio native who graduated from the University of Cincinnati in 2017. He is an avid sports fan who most enjoys watching his favorite teams continue their title drought throughout his cognizant lifetime. In his free time, you may find Brad quoting Monty Python productions and trying to calculate the airspeed velocity of an unladen swallow.