GOP Rep. Sues Pence to Strike Down Electoral Count Act

On Dec. 27, Rep. Louie Gohmert (R-Texas) filed a lawsuit against Vice President Mike Pence. Arizona’s entire slate of Republican presidential electors, including Kelli Ward, are also bringing this suit.

On Jan. 6, Congress is set to meet to count the electoral votes and name the official president and vice president-elect. And according to the 1887 Electoral Count Act, the vice president will preside over the meeting. Even though the lawsuit is against Pence, it is really just asking a federal judge to strike down the 1887 Electoral Count Act, which limits Pence’s authority and “sole discretion” to “determine the count. By striking this Act down, Vice President Pence would get “exclusive authority” to decide which votes to count on Jan. 6, possibly overturning the election in favor of President Trump.

Gohmert also said he would be joining a GOP-led effort to challenge the Electoral College vote count efforts. But so far, it’s not clear if any senators have joined, which is needed to carry out the challenge of the electoral votes.