'It’s all on the shoulders of Vice President Mike Pence'

by Jon Fleetwood | ​December 29, 2020

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Rep. Louie Gohmert (R-Tx.) filed a lawsuit in a federal court to grant Vice President Mike Pence the "exclusive authority" to decide which Electoral College votes to count during the Jan. 6 congressional joint session.

The goal is to overturn the November election results in favor of Donald J. Trump.

According to The Epoch Times, Arizona GOP Chairwoman Kelli Ward, a co-plaintiff in a lawsuit against the VP, described the suit as a "friendly" one.

On Tuesday, Ward clarified any misconceptions about why the lawsuit was being filed. “We love Vice President Mike Pence, we love him," said Ward. "This is what's known...as a friendly lawsuit."


The suit would grant Pence "exclusive authority" to decide what Electoral College votes to count during the Jan. 6 congressional joint session.

"The Constitution takes precedent over statutes," said Ward, noting that the 12th Amendment states that "the Vice President–and solely the Vice President–has the duty to count legally and legitimately cast electoral votes."

Ward affirmed that neither the Founding Fathers nor we can "allow fraudulently certified electors to be sent to Washington, DC and be counted in a presidential election."

“What we all want here is election integrity,” Ward said.

Hypothetically, Pence could determine that none of the electoral votes—Republican nor Democrats—should be counted.

Referring to a proper outcome to the 2020 presidential election, Ward remarked that “it’s all on the shoulders of Vice President Mike Pence.” The lawsuit is an attempt to support the VP.

The suit is seeking for a federal judge to strike down the 1887 Electoral Count Act and to grant Pence the authority to overturn the election results in favor of President Donald Trump.

According to Epoch Times, Gohmert’s lawsuit is claiming that any action taken by Pence on Jan. 6 to certify the Electoral College results to secure a win for Joe Biden will be fraudulent. He’s also asking Judge Jeremy Kernodle, a Trump appointee, to determine that Pence is authorized to pick GOP electors who cast votes for Trump during the Joint Session of Congress.

“Vice President Pence determines which slate of electors’ votes count, or neither, for that state,” Gohmert’s lawsuit states. “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.”