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Rep. Louie Gohmert of Tyler is suing Vice President Mike Pence in an improbable bid to overturn President-elect Joe Biden’s victory.
Gohmert and several other Republicans named in the suit, including the Republican slate of electors from Arizona, aim to allow Pence to overturn President Donald Trump’s defeat in some key states when Congress meets to count Electoral College votes on Jan. 6. The vice president traditionally presides over this meeting as president of the Senate, where the official results of the election are announced.
The lawsuit challenges the 1887 Electoral Count Act, which dictates the vice president’s role in announcing the results as a ceremonial one. Instead, it says this federal law violates the 12th Amendment, which provides for separate Electoral College votes for president and vice president. The lawsuit is filed in the U.S. District Court for the Eastern District of Texas.
Gohmert is asking Jeremy Kernodle, a U.S. District judge in Tyler who was appointed by Trump, to allow Pence to choose which electoral votes to count in key states that Trump lost.
Trump retweeted a supporter’s theory that Pence could overthrow the results of the election.
Legal and election experts immediately took to Twitter to debunk the lawsuit.
“If the Twelfth Amendment somehow gave the Vice President the power to unilaterally throw out electoral votes for the other guy in favor of their own party (and even themselves), one might think that one of them would’ve noticed by now,” said Steven Vladeck, professor of law at the University of Texas at Austin School of Law.
If the Twelfth Amendment somehow gave the Vice President the power to unilaterally throw out electoral votes for the other guy in favor of their own party (and even *themselves*), one might think that one of them would've noticed by now.
But I guess they were all just idiots...
— Steve Vladeck (@steve_vladeck) December 28, 2020
Rick Hasen, professor of law and political science at the University of California, Irvine said, “No, this won’t work.”
#ELB: Louie Gohmert Sues Mike Pence in Lawsuit Asking Court to Give Pence “Exclusive Authority” To Decide Which Electoral College Votes to Count at Jan. 6 Congressional Session (No, This Won’t Work) https://t.co/HyCnVPSpkN
— Rick Hasen (@rickhasen) December 28, 2020
Gohmert is one of several Texas legislators who have committed to object to the Electoral College vote count. He signed a letter with Reps. Brian Babin of Woodville, Lance Gooden of Terrell and Randy Weber of Friendswood saying they all would object to the results of the presidential election if Congress does not investigate claims of alleged voter fraud by Jan. 6.
Congress will only debate the results if a senator joins the congressmen. So far, only Sen.-elect Tommy Tuberville of Alabama has indicated he might object to the results.
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Louie Gohmert sues Pence in far-fetched bid to overturn election results on Jan. 6 - The Dallas Morning News
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