January 1, 2021

Vice President Mike Pence has the unilateral power to decide the outcome of the 2020 election, according to the latest filing in a lawsuit brought by Rep. Louie Gohmert (R-Texas) and other Republicans mounting a last-ditch bid to overturn the results of the 2020 election.

“Under the Constitution, he has the authority to conduct that proceeding as he sees fit,” Gohmert argues. “He may count elector votes certified by a state’s executive, or he can prefer a competing slate of duly qualified electors. He may ignore all electors from a certain state. That is the power bestowed upon him by the Constitution.”

Gohmert’s new brief contends that the Constitution effectively makes Pence the sole arbiter of which electoral votes to count when he presides over a Jan. 6 session of Congress meant to count electoral votes and certify the 2020 election. The Constitution’s Twelfth Amendment, he says, “unequivocally entrusts to him all the prerogatives and rights to determine what electoral votes to count.”

Read more:

https://www.politico.com/news/2021/01/01/pence-2020-election-winner-gohmert-453259