Vice President Mike Pence is asking a judge not to expand his powers to decide electoral votes on Jan. 6.
Rep. Louie Gohmert and other Republicans filed a lawsuit against Pence last week. They want the court to give Pence the power to decide which votes to count on Jan. 6.
But Pence argues he’s not the person they should be suing.
His lawyer writes, “a suit to establish that the Vice President has discretion over the count, filed against the Vice President, is a walking legal contradiction.”
The lawsuit concerns Pence’s role as president of the Senate.
In seven battleground states, Republican electors cast competing votes for President Trump. They allege Trump was the true winner in their states.
The lawsuit argues that under the 12th Amendment, Pence alone has the exclusive authority to open and count the votes. And “where there are competing slates of electors, or where there is objection to any single slate of electors, to determine which electors’ votes, or whether none, shall be counted.”
The 12th Amendment says, “The President of the Senate shall, in the presence of the Senate and House of Representatives, open all the certificates and the votes shall then be counted.”
The power of the vice president to count or reject electoral votes is disputed.
