NEW: Pence sued by Louie Gohmert (R-TX-1), Kelli Ward, other GOP members; plaintiffs ask Texas Judge Kernodle to find that Pence “may exercise the exclusive authority and sole discretion in determining which electoral votes to count for a given State…”
This civil action seeks an expedited declaratory judgment finding that the elector dispute resolution provisions in Section 15 of the Electoral Count Act, 3 U.S.C. §§ 5 and 15, are unconstitutional because these provisions violate the Electors Clause and the Twelfth Amendment of the U.S. Constitution. U.S. CONST. art. II, § 1, cl. 1 & Amend. XII. Plaintiffs also request emergency injunctive relief required to effectuate the requested declaratory judgment.