Advocates representing Representative Louie Gohmert, R-Texas, and the leadership of Republican voters from Arizona have indicated in court that Vice President Mike Pence disagrees with their view that Pence can choose between counting the votes of Democrats or Republicans from states not. where both parties submitted votes, which would enable him to decide who wins the election.
A court report on Tuesday said Gohmert’s lawyers had discussed the issues with the advice to the vice president to see if the parties could avoid lawsuits by being on the same page. Pence’s team apparently did not view the situation in the same way as Gohmert.
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“In the teleconference, the claim of advocates made a sensible effort to resolve the underlying legal issues by agreement, including the advice to the vice president’s counsel that the plaintiffs intend to seek immediate relief if the parties do not do not agree. “Those discussions do not succeed in reaching an agreement, and this lawsuit has been filed.”
From the submission, it is unclear whether Pence was specifically asked to count the Republican votes instead of the Democratic votes, whether the two parties merely discussed the legal issues or he had the authority to do so. Fox News asked Gohmert and the Republican voters in Arizona for advice, but he did not immediately respond.
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The lawsuit alleges that if more than one party cast ballots, the Constitution allows Pence to decide which party’s votes should count when Congress convenes to formally announce the winner of the January 6, 2021. election. battlefield declares presidential election Joe Biden won November’s election, the slate of Republican voters – whose votes would be certified if President Trump won – met on Dec. 14 and cast votes if legal challenges to Democrats’ victory were successful be.
While the Counting Act contains a process for dealing with objections to votes involving both the House and the Senate, Gohmert’s lawsuit claims that this law is inconsistent with the 12th Amendment, which sets out the process of counting votes. Although the twelfth amendment does not specifically address what happens in the case of contested votes, it does say that if no candidate has a majority, it is up to the House of Representatives to elect the president.
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Gohmert claims that because the 12th Amendment does not include the Senate in the process, the Telecommunications Act is unconstitutional to include the Senate in the dispute resolution process.
The lawsuit asks the court to declare the Telecommunications Act unconstitutional and requests an order preventing Pence from acting in accordance with the procedures.