A dozen GOP members launched a legal action to make the vice president change the November election result.
Rep. Louie Gohmert (R-Tex.) and 11 other Republican Party members have sued Vice President Mike Pence to force him to overturn the 2020 presidential race outcome.
The group warns declaring Joe Biden the next president will directly violate the U.S. Constitution according to existing procedures for Congress to count electoral votes after a presidential election.
“This civil action seeks an expedited declaratory judgment finding that the elector dispute resolution provisions in section 15 of the Electoral Count Act … are unconstitutional because these provisions violate the elector’s clause and the Twelfth Amendment of the U.S. Constitution,” they said in a court document.
Republicans urged Pence not to use a joint session between the House and Senate to declare Biden the next president on Jan. 6. The joint session is widely considered the final hurdle before Biden can officially be sworn in as the 46th U.S. president on Jan. 20.
“The Electoral Count Act directs the defendant, Vice President Michael R. Pence … to count the electoral votes for a state that have been appointed in violation of the electors clause,” they said. “[It also] 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 replaces the Twelfth Amendment’s dispute resolution procedure–under which the House of Representatives has sole authority to choose the president.”
The group rejected any suggestion such a lawsuit was “hypothetical” and confirmed it was a live “case or controversy” that warrants a declaratory judgment. They recalled during the Arizona leg of the presidential election, Republican Arizona Gov. Doug Ducey selected a “competing slate of electors” who allegedly cast Arizona’s electoral votes for Biden despite the evidence of “massive multi-state electoral fraud.”
“That changed electoral results in Arizona and in other states such as Georgia, Michigan, Pennsylvania, and Wisconsin that have also put forward competing slates of electors,” they said. “Collectively, these contested states have enough electoral votes in controversy to determine the outcome of the 2020 general election.”
The group asked the U.S. Eastern District Court in Texas to grant urgent relief due to these extraordinary circumstances.
“Plaintiffs also request emergency injunctive relief required to effectuate the requested declaratory judgment,” they said. “Section 15 of the Electoral Count Act unconstitutionally violates the electors clause by usurping the exclusive and plenary authority of state legislatures to determine the manner of appointing presidential electors, and instead gives that authority to the state’s executive.”
The rest of the plaintiffs include Arizona Republican Party national committeeman Tyler Bowyer, Second Vice-Chair Nancy Cottle, Arizona State District 12 Rep. Jake Hoffman, and State District 20 Rep. Anthony Kern. Fellow party members James R. Lamon, Sam Moorhead, Robert Montgomery, Loraine Pellegrino, Greg Safsten, Kelli Ward, and Michael Ward are also listed.