Lawyers representing Representative Louie Gohmert, R-Texas, and Arizona’s list of Republican voters indicated in a lawsuit that Vice President Mike Pence did not agree with his position that Pence could choose between counting Democratic electoral votes or Republicans from the states where both parties have cast votes, which would effectively allow him to decide who wins the election.
A lawsuit on Tuesday said Gohmert’s lawyers discussed the issues with the vice president’s lawyer to see if the two sides could avoid litigation because they were on the same page. Pence’s team apparently did not see the situation in the same way as Gohmert’s team.
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“In the conference call, the Claimants’ lawyer made a significant attempt to resolve the underlying legal issues by agreement, including advising the Vice President’s lawyer that the Claimants intended to seek immediate injunctive relief in case the parties disagreed,” the document said. . “These discussions have not been successful in reaching an agreement and this process has been shelved.”
From the process, it is not clear whether Pence was specifically asked to count Republican votes instead of Democrats or whether the two sides simply discussed legal issues around whether he had the authority to do so. Fox News sought out Gohmert’s lawyer and Arizona’s Republican voters for clarification, but he did not respond immediately.
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The lawsuit alleges that if more than one party cast electoral votes, the constitution allows Pence to decide which party votes to count when Congress meets to formally announce the winner of the election on January 6, 2021. In Arizona and other fields. battle, says President-elect Joe Biden won in the November election, the roll of Republican voters – whose votes would have been certified if President Trump had won – met on December 14 and cast votes if the legal challenges to the Democrats were successful.
While the Electoral Counting Law details a vote objection handling process that involves both the House and the Senate, Gohmert’s claim alleges that this law is contrary to the 12th Amendment, which describes the electoral vote counting process. Although the 12th Amendment does not specifically address what happens in the case of disputed votes, it says that if no candidate has a majority, it is up to the House of Representatives to choose the president.
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Gohmert claims that since the 12th Amendment does not include the Senate in the process, the Electoral Counting Act is unconstitutional because it includes the Senate in the dispute resolution process.
The suit asks the court to declare the Electoral Counting Law unconstitutional and asks for an injunction preventing Pence from acting in accordance with its procedures.