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88 State Legislators Ask VP Pence to Postpone ‘Opening and Counting of the Electoral Votes for at Least 10 Days’
By: Michael Patrick Leahy, January 5 , 2020:
Late Tuesday, 88 state legislators from five battleground states sent a letter to Vice President Mike Pence in which they asked him to postpone the opening and counting of Electoral College votes, currently scheduled to take place during Wednesday’s joint session of Congress, “for at least 10 days.”
When the Electoral College met in fifty state capitals on December 14, 2020, subsequent to the certification of the November 3 election results by officials in each state, 306 Electors cast ballots for Joe Biden, and 232 cast ballots for Donald Trump. The letter reads:
On January 6, 2021, you are statutorily authorized and required under the Electoral Count Act of 1887 to preside over both houses of Congress to count and record the Presidential electoral vote count to elect the President and Vice President of the United States. This congressionally set deadline, however, is not the supreme law of the land, and in fact must not supersede our state legislative authority under the Constitution. Moreover, the deadline is not necessitated by circumstances, especially when it truncates the fulfillment of our constitutional duties and our responsibility to the American people.
“There are extensive and well-founded accusations of electoral administration mismanagement and deliberate and admitted violations of explicit election laws enacted by state legislatures in Arizona, Georgia, Michigan, Pennsylvania, and Wisconsin,” the state legislators continued, adding:
Therefore, we write to ask you to comply with our reasonable request to afford our nation more time to properly review the 2020 election by postponing the January 6th opening and counting of the electoral votes for at least 10 days, affording our respective bodies to meet, investigate, and as a body vote on certification or decertification of the election. This action can be completed prior to the inauguration date, as required by the Constitution.
The letter was organized Got Freedom, a 501 (c) (4) non-profit election integrity watchdog group that also organized a Saturday phone call with 300 state legislators that President Trump addressed.
“The letter was signed by 88 lawmakers, with more signing on by the hour, and similar letters have been signed by other legislators in the swing states, bringing the total to well over 100 total signatories,” Got Freedom said in a statement released late Tuesday.
“These elected officials are not asking Mike Pence to overturn the election results, and they’re certainly not trying to subvert our democracy,” Phill Kline, spokesperson for Got Freedom, said. Kline also serves as the director of The Amistad Project of the Thomas More Society, a 501 (c) (3) non-profit public interest law firm.
“Rather, they’re simply requesting that they be allowed to perform the role required of them by the Constitution — an opportunity that in some cases has been actively denied by their own governors,” Kline added.
Under the Twelfth Amendment to the U.S. Constitution, Vice President Pence, as President of the Senate, has a specific constitutional role to play at Wednesday’s joint session of the 117th Congress, convened for the purpose of determining whether or not to accept the Electoral Votes submitted by the Electoral College to Congress as part of the process of selecting the next president.
The Twelfth Amendment states:
The Electors shall meet in their respective states and vote by ballot for President and Vice-President, one of whom, at least, shall not be an inhabitant of the same state with themselves; they shall name in their ballots the person voted for as President, and in distinct ballots the person voted for as Vice-President, and they shall make distinct lists of all persons voted for as President, and of all persons voted for as Vice-President, and of the number of votes for each, which lists they shall sign and certify, and transmit sealed to the seat of the government of the United States, directed to the President of the Senate;—
The President of the Senate shall, in the presence of the Senate and House of Representatives, open all the certificates and the votes shall then be counted;—
The person having the greatest Number of votes for President, shall be the President, if such number be a majority of the whole number of Electors appointed; and if no person have such majority, then from the persons having the highest numbers not exceeding three on the list of those voted for as President, the House of Representatives shall choose immediately, by ballot, the President. But in choosing the President, the votes shall be taken by states, the representation from each state having one vote; a quorum for this purpose shall consist of a member or members from two-thirds of the states, and a majority of all the states shall be necessary to a choice.
The state legislators represent five states where the outcome of the election is mired in controversy: Georgia, Michigan, Wisconsin, Pennsylvania, and Arizona. All five of states have Republican-controlled state legislatures. None of these state legislatures have convened to decertify the November 3 election results in their respective states.
Here is a list of signators to the letter, organized by state and position:
Name State Title Alexander, Julie MI Rep Argall, Dave PA Senator Barr, Timothy GA Rep Barto, Nancy AZ Rep Barton, Brenda AZ Rep Beach, Brandon GA Senator Bernstine, Aaron PA Rep Bolick, Shawnna AZ Rep Borowicz, Stephanie PA Rep Borrelli, Sonny AZ Senator Borton, Ken MI Rep Brandtjen, Janel WI Rep Brooks, Robert PA Rep Brooks, Robert WI Rep Carra, Steve MI Rep Clark, David GA Rep Cook, Bud PA Rep Cox, Jim PA Rep Davanzo, Eric PA Rep Diamond, Russ PA Rep Dunahoo, Emory GA Rep Dush, Cris PA Senator Eisen, Gary MI Rep Fillmore, John AZ Rep Finchem, Mark AZ Rep Gilligan, Sheri GA Rep Gliem, Barbra PA Rep Gowan, David AZ Senator Grantham, Travis AZ Rep Griffin, Beth MI Rep Griffin, Gail AZ Rep Gundrum, Rick WI Rep Gurtler, Matt GA Rep Horlacher, Cody WI Rep Jacque, André WI Senator Jones, Burt GA Senator Jones, Jeff GA Rep Jones, Mike PA Rep Kasier, Steve AZ Rep Kauffman, Rob PA Rep Keefer, Dawn PA Rep Kern, Anthony AZ Rep Knodl, Dan WI Rep Langerholc Jr, Wayne PA Senator Ligon, William GA Senator Maddock, Matt MI Rep Magnafici, Gae WI Rep Maloney, David PA Rep Mastriano, Doug PA Senator Meerman, Luke MI Rep Metcalfe, Daryl PA Rep Montenegro, Steve AZ Senator Moul, Dan PA Rep Murphy, Dave WI Rep Mursau, Jeff WI Rep Nelson, Eric PA Rep Payne, Kevin AZ Rep Petersen, Warren AZ Senator Phillips-Hill, Kristin PA Senator Pittman, Joe PA Senator Pullin, Ken GA Rep Puskaric, Michael PA Rep Ramthun, Timothy WI Rep Rapp, Kathy PA Rep Regan, Mike PA Senator Reilly, John MI Rep Rendon, Daire MI Rep Rigby, Jim PA Rep Roae, Brad PA Rep Rowe, David PA Rep Ryan, Francis PA Rep Sanfelippo, Joe WI Rep Schraa, Michael WI Rep Silvis, Jason PA Rep Singleton, Philip GA Rep Smith, Brian PA Rep Sortwell, Shae WI Rep Thiesfeldt, Jeremy WI Rep Thompson, Bruce GA Senator Townsend, Kelly AZ Rep Ward, Judy PA Senator Ward, Kim PA Senator Whiteford, Mary MI Rep Wichgers, Chuck WI Rep Wilmeth, Justin AZ Rep Wozniak , Doug MI Rep Zimmerman, David PA Rep
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