Rape Louis Gohart, R-Texas, outside the Capitol, December 3, 2020.
Tom Williams | CQ-Roll Call, Inc. | Getty Images
Rape Louis Gohart became the latest Republican to attempt to reverse President-elect Joe Biden’s victory – this time by suing Vice President Mike Pence.
The final legal effort, filed Sunday, came from Gohart, an eight-term congressman from Texas, as well as 11 Arizona residents who were elected by the Republican Party of that state.
It comes a week before Pence is scheduled to preside over a joint session of Congress, where Electoral College votes will be passed to Biden and President Donald Trump.
Voters had cast their vote two weeks earlier. Biden received 306 electoral votes – more than 36 to win – while Trump received 232.
The suit asks federal judge Jeremy Kernodle, a Trump appointee in East Texas, to declare that Pence has “special rights and sole discretion” to decide whether to vote for electoral votes from a given state Should be counted.
While Biden, a pro-Trump supporter in some states, has symbolically won his ballots, experts say those votes carry no legal weight.
The Republican complaint claims that part of the Electoral Count Act of 1887 should be declared unconstitutional as it collides with the 12th Amendment.
That amendment includes “exclusive dispute resolution mechanisms,” the lawsuit claims, including that “Vice President Pence determines whether a slate of voters’ votes count, or neither for that state.”
Legal scholars quickly dismissed the Republican lawsuit.
“No, it won’t work,” Rick Lawson, election law expert at the University of California, Irvine, tweeted.
“This suit will go nowhere,” wrote Joshua Geltzer, executive director of Georgetown University’s Institute for Constitutional Advocacy and Protection.
“It’s crazy,” Georgia State University law professor Anthony Michael Kreis tweeted.
A spokesman for Pence’s office did not immediately respond to CNBC’s request for comment.
The lawsuit also emphasizes that “public reports”, citing a document written by White House adviser Peter Navarro, have exposed “wide-spread electoral fraud” in the battlegrounds, including several claims Those that have been dismissed in other lawsuits or by fact-checkers.
Trump has refused to refuse Biden. He has falsely claimed that he pressured Republican lawmakers to “step up and fight for the presidency” to win the race. At the same time, Trump is spreading baseless and malicious conspiracies alleging widespread voter and electoral fraud.
Some House Republicans have said they will challenge the election results when Congress meets in January to count the electoral votes. 6. Mitch McConnell, Majority Leader of the Senate, R-Q. Has reportedly urged its caucus not to make similar objections.
Any objection to the electoral votes must be in writing and signed by at least one House and one Senate member. If an objection occurs, the two chambers consider the objection separately.
The Trump campaign and several presidential aides have launched dozens of attempts to challenge the election results in several swing states. None of those legal efforts have succeeded in invalidating votes for Biden or flipping the results of the presidential elections of any of the states.
The US Supreme Court first rejected a bid by Texas Attorney General Ken Paxton in December to sue the four major swing states over changes to voting procedures. Trump called the trial a “big one”.