GOP congressman will challenge election results when Congress confirms Electoral College votes

A Republican congressman said Wednesday that he will challenge the outcome of the presidential election when Congress votes to confirm the Electoral College next month.

Republican Representative Mo Brooks is looking for a Senate colleague to join him in launching a challenge to the Electoral College votes when Congress certifies Joe Biden‘s victory on January 6.

Brooks claimed the election was ‘badly flawed’ and claimed most instances of mail-in voting were conducted ‘unconstitutionally.’ 

‘In my judgment, if only lawful votes by eligible American citizens were cast, Donald Trump won the Electoral College by a significant margin, and Congress’s certification should reflect that,’ Brooks told Politico. ‘This election was stolen by the socialists engaging in extraordinary voter fraud and election theft measures.’

The presidential election results show Trump with 232 Electoral College votes to Biden’s 306 – well over the 270 margin needed for a victory.

Attorney General Bill Barr said Tuesday that there was no evidence of enough fraud to overturn the election result and Trump’s attempts to overturn election results have failed in state after state.

Brooks, 66, would need a senator to join him in the last-ditch effort to overturn the election results for any motion to reject the results to even be considered.

But Brooks insists he will still move forward with the process even without support in the upper chamber, meaning there will be a protest at the January 6 confirmation of the election results. 

Republican Alabama Rep. Mo Brooks confirmed he is planning to officially challenge the Electoral College votes when Congress certifies the election for Joe Biden on January 6 in a last-ditch effort to overturn the results

The House and Senate meet in joint session with the vice-president presiding on January 6.

Each state, in alphabetical order, has its results read, and then one lawmaker from both the House and Senate can come together to challenge that state’s results.

That then kicks off two hours of debate in each house and a vote on whether to uphold the challenge. 

In 2017, a handful of Democratic House members protested at Trump’s victory but were overruled by Joe Biden as he presided and got no support from a senator.

At the time Republicans slammed them as bad losers. 

The last time a motion was actually successfully made was in 2003, when 30 House Democrats and one senator succeeded in having a debate on the validity of John Kerry’s defeat in Ohio, but lost the vote overwhelmingly, affirming George W. Bush’s victory.

That too was slammed by Republicans as sour grapes. 

Successfully rejecting a state’s electoral college votes needs a majority of both Houses, and with Democrats in control of the House, is effectively impossible. 

Brooks, a five-term Alabama congressman and member of the conservative Freedom Caucus, said he has had ‘indirect communication’ with GOP senators about joining forces in the effort to challenge the Electoral College votes.

He said members of Republican leadership have not indicated which way they will go when it comes time to officially certify the election.

Brooks acknowledged that the move to try to block certification could be more of a symbolic protest, unlikely to yield any change.  

Some have theorized since before the election that Trump would seek to overturn the election results should Biden emerge the victor through the 6-3 conservative majority Supreme Court.

Brooks, however, says Congress is the ultimate authority on the matter.

‘A lot of time is being wasted in court,’ Brooks said. ‘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 added.

‘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,’ Brooks told Politico.

The Alabama congressman recently won his sixth term by becoming the Republican nominee without a Democratic opponent in Alabama’s 5th congressional district.

Trump’s bid to overturn the election has caused some in-fighting among the Republican Party – dividing those down the line who support his challenges and those who do not.

Brooks’ fellow Freedom Caucus member, Representative Louie Gohmert of Texas, took aim at GOP Conference Chairwoman Liz Cheney of Wyoming over her comments regarding the election.

Cheney said if Trump still can’t prove his election ‘fraud’ claims then he should ‘the sanctity of our electoral process’ and concede to Biden.

During a private GOP call on Tuesday, Gohmert told Cheney he wouldn’t have backed her for another leadership term and would have encouraged someone else to run against her if he knew about her stances before the election.

Cheney pushed back on Gohmert’s rebuke, claiming it just reaffirms that the rule of law needs to be followed in America.

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