News and Commentary

Group of Republicans Sue Mike Pence, Claim VP Has ‘Sole Discretion’ To Name Valid Electoral College Votes

Tim Pearce
Group of Republicans Sue Mike Pence, Claim VP Has ‘Sole Discretion’ To Name Valid Electoral College Votes
Tasos Katopodis/Getty Images

A group of Republicans are suing Vice President Mike Pence and asking a Texas judge to grant him the authority to name which electors are able to vote in the Electoral College for President of the United States.

Texas Rep. Louie Gohmert is leading the legal challenge, submitted to U.S. District Judge Jeremy Kernodle in Texas, a Trump-appointee, arguing that the Electoral Count Act of 1887 violates the 12th Amendment of the U.S. Constitution. The plaintiffs’ attorneys in the case assert that Pence has authority under the Constitution to reject and approve electors in the case that two or more competing sets of electors submit votes for the Electoral College.

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