Louie Gohmert is suing to ensure Mike Pence has the ability to choose which electors are legitimate in states where there are competing sets of electors:
DC EXAMINER – Texas Republican Rep. Louie Gohmert on Monday sued Vice President Mike Pence in a last-ditch effort to overturn the 2020 presidential election.
Gohmert’s federal suit, which anticipates the House of Representatives’ Jan. 6 certification of President-elect Joe Biden’s Electoral College win, seeks to give Pence “exclusive authority” over which votes are deemed certifiable. In his complaint, Gohmert argues that since competing sets of electors cast votes calling the election for President Trump, Pence should have the “sole discretion” to determine the legitimacy of votes, per the 12th Amendment.
Gohmert added that in the case of a contested election, the Constitution requires that Pence send the election to the House for a decision.
“Vice-President Pence determines which slate of electors’ votes count, or neither, for that State,” Gohmert’s attorneys wrote, adding, “If no candidate has a majority of 270 elector votes, then the House of Representatives (and only the House of Representatives) shall choose the President.”
This feels like a long shot for a couple of reasons. First, it seems unlikely that the courts, at least ultimately, would side with Gohmert and rule that Pence, as the one presiding over the January 6th session, would be able to do this.