Republican Alabama Rep. Mo Brooks said Wednesday that he is planning to challenge the Electoral College votes next month when Congress meets to certify the election for Democratic presidential nominee Joe Biden.
What are the details?
Brooks told Politico, who first reported the news, “In my judgment, if only lawful votes by eligible American citizens were cast, [President] Donald Trump won the Electoral College by a significant margin, and Congress’s certification should reflect that.” He asserted, “This election was stolen by the socialists engaging in extraordinary voter fraud and election theft measures.”
The outlet pointed out that at least one member from both the House and Senate would need to contest the results “in order to force deliberation on the matter.” But even if Brooks finds an ally in the upper chamber join in his cause, successfully overturning the election for Trump in Congress would be a tall order — particularly with Democrats in control of the House.
The Trump campaign has attempted to challenge the results of the election through litigation in dozens of suits in states across the nation. A number of Trump allies have also launched lawsuits challenging state results separate from the campaign, including Rep. Mike Kelley (R) of Pennsylvania, who has filed an appeal to the U.S. Supreme Court after the state’s high court threw out the order.
From Brooks’ perspective, he says, “A lot of time is being wasted in court,” and he argues that “the Supreme Court does not have the lawful authority to determine whether to accept or reject a state’s Electoral College submissions.”
“Under the United States Constitution and U.S. law, that is the job and duty of elected officials,” he told Politico. “And so it’s the United States Congress that is the final judge and jury of whether to accept or reject Electoral College submissions by states, and to elect who the president and vice president of the United States might be.”
According to The Hill, Brooks “said he may still object to the vote if no others decide to join him, acknowledging it would serve as a symbolic protest rather than a forceful challenge to the election result.”
Norman Ornstein of the American Enterprise Institute told the press Wednesday that even if at least one Senator joins Brooks in challenging the Electoral College results, as he suspects could happen, “the likelihood of having a sizable number who would vote against a slate of electors making a difference in the outcome I think is extremely unlikely.”