As it stands now, Democratic candidate Joe Biden is set to be sworn into the Oval Office on January 20, but before that, the electors must be accepted by Congress in a process usually considered a formality.
But this year, that procedural step is subject to the latest effort to reverse the selected set of presidential electors. Gohmert is joined by Arizona GOP Chair Kelli Ward and the entire set of Republican presidential electors from Arizona in the challenge.
Texas’ presidential electors cast their votes for Donald Trump on December 14, in accordance with state and federal procedure.
The lawsuit argues that the Twelfth Amendment grants “[the Vice President] alone [the] exclusive authority and sole discretion to open and permit the counting of the electoral votes for a given state.”
Furthermore, the lawsuit states that when conflict arises “and where there are competing slates of electors, or where there is objection to any single slate of electors,” the vice president, who presides over the joint congressional congregation, should “determine which electors’ votes, or whether none, shall be counted.”
These provisions, the lawsuit asserts, are directly violated by the Electoral Count Act that set forth deadlines and procedures for electoral vote counting after the confusion compounded during the election of 1876 in which competing sets of electors and a divided Congress could not settle the result for multiple weeks.
Texas Congressman Lance Gooden (R-TX-05) has been spearheading an effort for Congress to object to the sets of electors in states such as Arizona, Georgia, Michigan, Pennsylvania, and Wisconsin — two of which, Georgia and Wisconsin, the GOP holds the majority within the respective congressional delegations.
Gooden called on Texas Sens. John Cornyn and Ted Cruz to join the maneuver, and along with Gohmert, Reps. Brian Babin (R-TX-35) and Randy Weber (R-TX-14) have also joined.
If the sets of electors in question are successfully cast aside, the choice would fall to the respective congressional delegations.
GOP electors in states that Biden won gathered in their respective states this past weekend and cast their, as of now ceremonial, votes for Donald Trump as an act of protest.
This is the latest legal challenge to the 2020 election results in which allegations of widespread and influential voter fraud were as frequent as their rejections in court.
Texas led the most recent effort, challenging the constitutionality of four states’ procedural election law changes without consent from their respective legislatures. The U.S. Supreme Court, however, dismissed the case due to a lack of legal standing.
Some expect this latest challenge to meet the same fate, but Gohmert and company hope this Hail Mary is caught in the endzone come January 6.
Gohmert’s office did not return a request for comment by the time of publishing.
Read the lawsuit below.