Rep. Lou-Gohmert, R-Texas, makes one last attempt to change the outcome of the 2020 presidential election by suing Vice President Mike Pence with the goal of having President Trump declared victorious when he announces the winner of the election . college vote on January 6th.
As president of the Senate, the vice president has the role of announcing the results after the election votes have been counted during a joint session of Congress. Gohmert and the Arizona Republican Electoral Slate argue that the 12th Amendment gives Pence the right to choose which voters from their state – and other states – should count that made Republican voters vote, despite the fact that Democratic voters cast their votes let certify in light of November’s general election.
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“The presidential election in 2020 was one we would expect in a banana republic, not in the United States,” Gohmert said in a statement on Monday, citing allegations of fraud posed by the Trump campaign. . “In fact, the rampant fraud and unconstitutional action that took place was so severe that seven controversial states – Arizona, Georgia, Michigan, New Mexico, Nevada, Pennsylvania and Wisconsin all sent bipartisan voters to Congress. “President Mike Pence in a position where some argue that he should choose between morality and the law. That is not the case.”
The lawsuit alleges that the Counting Act, which governs disputes over voting votes in Congress, violates the 12th Amendment, which also sets out the voting process. The Counting Act sets out a process for dealing with objections to the votes, involving both the House and the Senate. Gohmert’s complaint, which was filed in federal court in Texas on Sunday, claims that it should constitutionally only be the House to do so.
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“The electoral law limits or eliminates the vice president’s ability to determine which voters may be counted,” Arizona GOP chairman Kelli Ward, one of the plaintiffs, said in a statement. “Ordinary law, however, cannot be in conflict with a constitutional amendment, so we challenge the law to be unconstitutional and we want to demonstrate to the American people what the Vice President’s constitutional powers are in this matter.”
However, the twelfth amendment and the law on the counting of the election address different circumstances that may arise during the counting process. While the law, in 3 USC § 15, describes a process for dealing with objections against announced votes, the only controversy that addresses the 12th amendment is what happens if there is no majority winner after all votes have been counted. In such a case, the House would elect the President by one vote. The amendment is not about what should happen if voters from both parties in a state vote.
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Gohmert’s lawsuit interprets the twelfth amendment as giving the vice president the power to decide which voters choose from a state, regardless of which votes are ratified by the state. As such, it claims that the Telecommunications Act unlawfully deprives it of power by giving Congress the power to resolve disputes.
The complaint asks the court to declare the Telecommunications Act unconstitutional, and requests an order to prevent Pence from acting in accordance with the procedures.