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On December 6, 2021, Vice President Mike Pence will preside over a congressional meeting to count the electoral votes that were withdrawn on December 14. If nothing changes, Pence will have to formally confirm the victory of former Vice President Joe Biden in the 2020 United States presidential election, under the Electoral Universities Vote Counting Act of 1887, which defines the vice president. meeting upstairs.
In a lawsuit filed a few days ago, Senator Louie Gohmert representing Texas and several other Republican congressmen asked Federal Judge Jeremy Kernodle in that state to rule that the law had some unconstitutional provisions. and argued that any act of claiming that Biden won the election would be a fraud, according to Radio KLTV.
However, in a notice to Judge Kernodle on December 31, 2020 (US time), Pence confirmed that he is not a suitable defendant for the case, according to the newspaper. The hill. “A lawsuit that requires the vice president to do his thing with the vote count … is against the law,” the statement said.
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Judge Kernodle, appointed by President Trump, has not responded. Voting law experts believe the lawsuit is difficult to succeed. In it, Ohio State University law professor Edward Foley identified the idea that the vice president has the power to decide whether to count electoral votes submitted by the state or to count party electoral votes. Either, they are “incompatible with a reasonable understanding of the Constitution”, according to The hill.
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