Louie Gohmert et al v Michael Pence et al US District Court Eastern Texas filed December 27, 2020, VP Pence as President of Senate is subject solely to 12th Amendment
“We are calling upon the elections officials to engage the GBI to investigate any and all fraudulent activities, including those which were brought to light during Senate committee hearings on December 3, 2020.”…Georgia Senate Republicans December 8, 2020
“Urges the United States Congress to declare the selection of presidential electors in this Commonwealth to be in dispute.” PA House Resolution 1094
“And if I were a Democrat primary voter, I’d want these questions satisfactorily answered before I cast my final vote.”…Senator Johnson Mar 4, 2020 on Hunter Biden investigation
From
Louie Gohmert et al v Michael Pence et al
Filed December 27, 2020 in
US District Court Eastern Texas
COMPLAINT FOR EXPEDITED
DECLARATORY AND
EMERGENCY INJUNCTIVE RELIEF
PRAYER FOR RELIEF
73. Accordingly, Plaintiffs respectfully request that this Court issue a judgment that:
A. Declares that Section 15 of the Electoral Count Act, 3 U.S.C. §§5 and 15, is
unconstitutional because it violates the Twelfth Amendment on its face, Amend.
XII, Constitution;
B. Declares that Section 15 of the Electoral Count Act, 3 U.S.C. §§5 and 15, is
unconstitutional because it violates the Electors Clause. U.S. CONST. art. II, § 1,
cl. 1;
C. Declares that Vice-President Pence, in his capacity as President of Senate and
Presiding Officer of the January 6, 2021 Joint Session of Congress, is subject
solely to the requirements of the Twelfth Amendment and may exercise the exclusive authority and sole discretion in determining which electoral votes to
count for a given State;
D. Enjoins reliance on any provisions of the Electoral Count Act that would limit
Defendant’s exclusive authority and his sole discretion to determine which of two
or more competing slates of electors’ votes are to be counted for President;
E. Declares that, with respect to competing slates of electors from the State of
Arizona or other Contested States, or with respect to objection to any single slate
of electors, the Twelfth Amendment contains the exclusive dispute resolution
mechanisms, namely, that (i) Vice-President Pence determines which slate of
electors’ votes shall be counted, or if none be counted, for that State and (ii) if no
person has a majority, then the House of Representatives (and only the House of
Representatives) shall choose the President where “the votes [in the House of
Representatives] shall be taken by states, the representation from each state
having one vote,” U.S. CONST. amend. XII;
F. Declares that, also with respect to competing slates of electors, the alternative
dispute resolution procedure or priority rule in 3 U.S.C. § 15, is null and void
insofar as it contradicts and replaces the Twelfth Amendment rules above by with
an entirely different procedure in which the House and Senate each separately
“decide” which slate is to be counted, and in the event of a disagreement, then
only “the votes of the electors whose appointment shall have been certified by
the executive of the State … shall be counted,” 3 U.S.C. § 15;
G. Enjoins the Defendant from executing his duties on January 6th during the Joint
Session of Congress in any manner that is insistent with the declaratory relief set
forth herein, and
H. Issue any other declaratory judgments or findings or injunctions necessary to
support or effectuate the foregoing declaratory judgment.
https://electioncases.osu.edu/wp-content/uploads/2020/12/Gohmert-v-Pence.pdf
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