The lawsuit seeks to empower Pence to effectively overturn the election results by selecting alternate slates of electors and counting their votes instead of the votes cast by the state’s official electors based on the states’ certified election results.
In order to enable this switch, the lawsuit claims that the 1887 Electoral Count Act — which made the vice president’s role largely ceremonial — violates the Twelfth Amendment to the Constitution (ratified in 1804). The amendment merely states that “The President of the Senate shall, in the presence of the Senate and House of Representatives, open all the certificates and the votes shall then be counted.”
“Under the Twelfth Amendment, Defendant Pence alone has the exclusive authority and sole discretion to open and permit the counting of the electoral votes for a given state, and where there are competing slates of electors, or where there is objection to any single slate of electors, to determine which electors’ votes, or whether none, shall be counted,” the lawsuit argues
https://pjmedia.com/election/tyler-o-neil/2020/12/28/louie-gohmert-lawsuit-seeks-to-give-mike-pence-power-to-overturn-electoral-college-vote-n1289433
The lawsuit seeks to empower Pence to effectively overturn the election results by selecting alternate slates of electors and counting their votes instead of the votes cast by the state’s official electors based on the states’ certified election results.
In order to enable this switch, the lawsuit claims that the 1887 Electoral Count Act — which made the vice president’s role largely ceremonial — violates the Twelfth Amendment to the Constitution (ratified in 1804). The amendment merely states that “The President of the Senate shall, in the presence of the Senate and House of Representatives, open all the certificates and the votes shall then be counted.”
“Under the Twelfth Amendment, Defendant Pence alone has the exclusive authority and sole discretion to open and permit the counting of the electoral votes for a given state, and where there are competing slates of electors, or where there is objection to any single slate of electors, to determine which electors’ votes, or whether none, shall be counted,” the lawsuit argues
https://pjmedia.com/election/tyler-o-neil/2020/12/28/louie-gohmert-lawsuit-seeks-to-give-mike-pence-power-to-overturn-electoral-college-vote-n1289433
(post is archived)