(JURIST) – Congressman Louie Gohmert and a group of Republican electors from Arizona filed a lawsuit on Sunday in the US District Court for the Eastern District of Texas, arguing that the Electoral Count Act is unconstitutional.
The complaint asserts that the Electoral Count Acts dispute resolution provisions violate the Electors Clause and the Twelfth Amendment of the US Constitution. The complaint first claims that the Electoral Count Act directs Vice President Michael Pence to count electoral votes for a State that have been appointed in violation of the Electors Clause. As a consequence, the Electoral Count Act restricts Pences exclusive authority under the Twelfth Amendment to determine which slates of electors may be counted. Lastly, the complaint claims that the Electoral Count Act attempts to supplant the Twelfth Amendments dispute resolution procedure, under which the House of Representatives has sole authority to choose the President.
Overall, the complaint seeks injunctive relief and requests a speedy declaratory judgment:
On January 6, 2021, when Congress convenes to count the electoral votes for President and Vice-President, Plaintiff Representative Gohmert will object to the counting of the Arizona slate of electors voting for Biden and to the Biden slates from the remaining Contested States. Rep. Gohmert is entitled to have his objection determined under the Twelve Amendment, and not through the unconstitutional impositions of a prior Congress by 3 U.S.C. 5 and 15.
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