News and Commentary

Report: Rep. Mo Brooks Says He’ll Challenge Electoral College Vote If It Confirms Joe Biden As President
UNITED STATES - JUNE 5: Rep. Mo Brooks, R-Ala., speaks with a reporter as he leaves the Capitol after the final vote of the week on Wednesday, June 5, 2019. (Photo By Bill Clark/CQ Roll Call)
Bill Clark/CQ Roll Call via Getty Images

Alabama Republican Rep. Mo Brooks is telling his Congressional colleagues that he plans to challenge the results of the Electoral College vote on December 11th if the body votes to certify Democratic presidential candidate Joe Biden as the next president, according to Politico.

Although the Electoral College will meet on time to vote on the next president, many of President Donald Trump’s recount lawsuits, many in key states that could swing the election, will likely still be under litigation. Republicans maintain that voting in states like Wisconsin, Pennsylvania, Arizona, Georgia, and Michigan is deeply and irreparably flawed, in some cases.

The president has also called mail-in balloting “unconstitutional” and has regularly questioned whether results in key states are accurate based on reports of voting irregularities. Although most states now say they are ready to certify their results, as recently as Monday, Trump’s legal team was filing lawsuits to challenge vote results in Wisconsin and more lawsuits could be forthcoming.

Congress will be required to certify the Electoral College vote, but as Brooks pointed out to Politico, it takes just one objecting Member of Congress in each house to force the body into deliberations, though the process is a longshot.

“One lawmaker from both the Senate and House needs to challenge the results in order to force a deliberation on the matter,” Politico notes. “And even then, the gambit to overturn the election results in Congress is almost certain to fail, given the makeup of the House and Senate.”

Brooks told Politico that challenging the Electoral College results could be worth a shot if he can find a willing partner among Senate Republicans.

“Rep. Mo Brooks has been telling colleagues and allies that he plans to challenge the Electoral College votes when Congress officially certifies Joe Biden’s victory on Jan. 6, as long as a Senate Republican joins him in the long-shot effort,” Politico reported, based on unnamed sources.

“In my judgmentif only lawful votes by eligible American citizens were cast, Donald Trump won the Electoral College by a significant margin, and Congress’s certification should reflect that,” Brooks confirmed to the outlet. “This election was stolen by the socialists engaging in extraordinary voter fraud and election theft measures.”

Brooks believes that a Congressional challenge could be quicker and more effective than the state-by-state legal strategy Trump’s team is pursuing.

“A lot of time is being wasted in court,” he said. “The Supreme Court does not have the lawful authority to determine whether to accept or reject a state’s Electoral College submissions.”

“Under the United States Constitution and U.S. law, that is the job and duty of elected officials,” he added. “And so it’s the United States Congress that is the final judge and jury of whether to accept or reject Electoral College submissions by states and to elect who the president and vice president of the United States might be.”

So far, Brooks has not found a willing partner in the Senate, though he says he’s had “indirect communication” that he considers positive, and he believes many Republicans are waiting to give a “thumbs up” or a “thumbs down” to the plan until they have more information.

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