From a lawsuit filed yesterday:
This civil action seeks an expedited declaratory judgment finding that the elector dispute resolution provisions in Section 15 of the Electoral Count Act, 3 U.S.C. §§ 5 and15, are unconstitutional because these provisions violate the Electors Clause and the Twelfth Amendment of the U.S. Constitution.U.S. CONST. art. II, §1, cl. 1 & Amend. XII. Plaintiffs also request emergency injunctive relief required to effectuate the requested declaratory judgment.
These provisions of Section 15 of the Electoral Count Act are unconstitutional insofar as they establish procedures for determining which of two or more competing slates of Presidential Electors for a given State are to be counted in the Electoral College, or how objections to a proffered slate are adjudicated, that violate the Twelfth Amendment.
This violation occurs because the Electoral Count Act directs the Defendant, Vice President Michael R. Pence, in his capacity as President of the Senate and Presiding Officer over the January 6, 2021 Joint Session of Congress: (1) to count the electoral votes for a State that have been appointed in violation of the Electors Clause;(2) limits or eliminates his exclusive authority and sole discretion under the Twelfth Amendment to determine which slates of electors for a State, or neither, may be counted; and (3) replaces the Twelfth Amendment’s dispute resolution procedure –under which the House of Representatives has sole authority to choose the President.
#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
BREAKING: Louie Gohmert is suing Vice President Pence to try to overturn the electoral college and also publicly display that he has no fucking idea how the electoral college works.
— Steve Hofstetter (@SteveHofstetter) December 28, 2020
Here’s a new twist. Gohmert sues Pence as VP asking Court to give Pence “Exclusive Authority” to decide which Electoral College votes to count. Do they really think no one will remember any of this at the next election. The ads almost write themselves. https://t.co/ZVdTyFxm8n
— Rich Engstrom (@rdengstrom) December 28, 2020
“Gohmert v. Pence”
That’s the actual caption of the new suit filed by a Member of Congress against the VP seeking to get him to override the will of the voters at the January 6 joint session of Congress.
The suit will go nowhere. Here’s the complaint: https://t.co/lGtEA9BjN5
— Joshua A. Geltzer (@jgeltzer) December 28, 2020