The lawyer representing Rep. Louie Gohmert, R-Texas, and the list of Republican voters from Arizona stated in court documents that Vice President Mike Pence did not agree with their position that Pence could choose to count the votes of Democrats or Republicans in each state. Choose between places where both parties have voted, which will effectively allow him to decide who won the election.
A document filed by the court on Tuesday stated that Gomert’s lawyers discussed these issues with the vice president’s lawyers to understand whether both parties can avoid litigation by being on the same page. Pence’s team obviously didn’t look at the situation like Gomert did.
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The document said: “During the conference call, the plaintiff’s lawyers made meaningful attempts to resolve fundamental legal issues through an agreement, including advising the vice president’s lawyers that if the parties disagree, the plaintiff intends to seek an immediate injunction. Relief.”
From the documents, it is not clear whether Pence specifically asked Pence to count the votes of the Republicans instead of the Democrats, or whether the two sides were only discussing legal issues surrounding whether he had the right to do so. Fox News sought help from lawyers for Gohmert and Arizona Republican voters for clarification, but he did not immediately respond.
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The lawsuit claims that if more than one political party voted in the election, the constitution allows Penny to determine which party will formally elect the ballots on January 6, 2021 when the Congress meets to officially announce the election winner. In Arizona and other battlefields, the president-elect Biden won the November election, and the slate of Republican voters—their votes will be certified by Trump to win the president—in the case of the Democratic victory, legally The challenge met on December 14 and voted successfully.
Although the “Election Counting Act” details the procedures for handling negative votes involving the Senate and the Senate, Gomert’s litigation argues that the law runs counter to the Twelfth Amendment, which outlines the process of counting electoral votes. Although the Twelfth Amendment does not specifically discuss what happens when a disputed vote occurs, it does say that if no candidate has a majority, the House of Representatives chooses the president.
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Gomert claimed that since the 12th Amendment did not include the Senate, it is unconstitutional for the Electoral Counting Act to include dispute settlement in the Senate.
The lawsuit requires the court to declare the “Election Counting Act” unconstitutional and request an injunction prohibiting Pence from acting in accordance with its procedures.