TYLER, Texas (KETK) – Rep. Louie Gohmert has filed suit in federal court, along with several other Republican plaintiffs, against Vice President Mike Pence in what could be an effort to overturn the 2020 presidential election.
The goal of the lawsuit is to change the way contested electoral votes are counted and, in turn, potentially turn the election towards President Trump.
The lawsuit by the East Texas congressman alleges that the current elector dispute resolution provisions are unconstitutional. It claims that the Twelfth Amendment gives the vice president the exclusive authority and sole discretion to open and permit the counting of the electoral votes for a given state.
The vice president presides over the election certification every Jan. 6, in what is mostly a ceremonial role. The lawsuit asserts that Pence, in his official capacity as vice president, should have the ability to “determine which electors’ votes, or whether none, shall be counted” when there is any objection to the slate of electors.
On Jan. 6, Congress will convene to count electoral votes from all 50 states for the 2020 presidential election. The lawsuit asks for the vice president to be able to “object to the counting of the Arizona slate of electors voting for Biden and to the Biden slates from the remaining Contested States.”
Joining Gohmert in the lawsuit are 11 Arizona electors. They ask Judge Jeremy Kernodle, a Trump appointed federal judge in Tyler, for an expedited judgement on the matter.
The other plaintiffs in the case include Tyler Bowyer, Nancy Cottle, Jake Hoffman, Anthony Kern, James R. Lamon, Samuel Moorhead, Robert Montgomery, Loraine Pellegrino, Greg Safsten, Kelli Ward and Michael Ward. Kelli Ward is chair of the Arizona Republican Party.