Texas Congressman Brian Babin is the latest member of the House of Representatives to say he will challenge the Electoral College vote on January 6. He will join other Republican lawmakers who will be contesting the Electoral College vote, which is expected to go to pro-abortion candidate Joe Biden, when Congress certifies the vote next month.
Babin said on Twitter Monday that he will object to the results if Congress does not look into the voter fraud allegations. Babin also wrote a letter, signed by 20 Republicans, to congressional leadership demanding action.
“Confidence in our elections must be restored. If Congress doesn’t act, on Jan 6 I’ll object to the electoral college vote submissions on the House floor on behalf of the millions of Americans, myself included, who don’t trust the validity of this election,” Babin wrote.
View full text of the letter below:
December 16, 2020
Dear Leader McConnell, Chairman Blunt, Chairman Graham, Chairman Johnson, Speaker Pelosi, Chairperson Lofgren, Chairman Nadler, and Chairwoman Maloney:
Constitution Article I, Section 4 (the “Election Clause”) empowers Congress to set the times, places and manner of elections involving federal elected officials. State legislatures are similarly empowered to set the times, places and manner of elections provided they do not conflict with the laws of Congress.
There are countless incontestable examples wherein governors, election officials, and judges altered states’ election procedures in violation of the Constitution’s Election Clause, in conflict with Congressional acts setting the times, places and manner of elections, and in conflict with legislative acts similarly setting the times, places and manner of elections.
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What is unknown is the exact extent to which these violations of Article I, Section 4 illegally affected and altered federal elections within various states.
Constitution Article 1, Section 5 empowers the House and Senate to be the “Judge of the Elections, Returns and Qualifications of its own Members.”
United States Code Title 3, Chapter 1 states the process by which electoral college electors’ votes are communicated to Congress and the procedures by which Congress accepts or rejects states’ electoral college vote submissions (3 U.S.C. 15).
The sum and substance of the above Constitutional and statutory provisions is that Congress is the final and ultimate judge, jury and arbiter of all contested Congressional, Senatorial, and Presidential elections.
The House of Representatives has already received notice of, and shall be the “Judge” of, an election contest in Iowa.
Similarly, the presidential election has been the subject of dozens of lawsuits alleging voter fraud, illegal voting, and election theft which, on January 6, 2021, may or will be the subject of extensive floor debate as Congress determines whether to accept or reject various states’ electoral college vote submissions.
To date, and as would be expected because federal elected office contest duties lie with Congress, federal courts and the Supreme Court have had no trials on, no substantive evidentiary hearings on, and declined to rule on the merits of numerous voter fraud, illegal voting and election theft allegations in dozens of lawsuits.
America’s republic is dependent on the actual and perceived honesty and accuracy of the elections which are the underpinning of all republics.
Inasmuch as it is inevitable that Congress will face one or more election contests, likely to include that for President of the United States, we, the undersigned, request that your committees do their jobs on behalf of our country and immediately and without delay hold all evidentiary and other hearings necessary to fully investigate and probe the anomalies of the 2020 general election so that Congressmen and Senators will be fully informed as we face contests and questions about the legitimacy and validity of all federal elections held on November 3, 2020.
This request has particular urgency due to federal law mandating that all objections to the receipt of various state electoral college vote submissions be made on January 6, 2021.
Therefore, we ask that you immediately convene and hold hearings that:
1. probe all allegations of illegal conduct concerning the November 3, 2020 elections.
2. investigate systemic problems affecting our elections.
3. hear from election experts to explore legislative solutions that lessen the impact of fraudulent and illegal votes and restores faith that America can hold a free and fair election.
We look forward to your prompt action on these matters that are critical to America’s continued existence as a republic.
Signers of the letter include: Congressman Brian Babin (TX-36), Congressman Mo Brooks (AL-05), Congressman Andy Biggs (AZ-05), Congressman Mike Rogers (AL-03), Congressman Jim Banks (IN-03), Congressman David Rouzer (NC-07), Congressman Paul Gosar, D.D.S. (AZ-04), Congressman Ted Budd (NC-13), Congressman Lance Gooden (TX-05), Congressman Bob Gibbs (OH-07), Congressman Ralph Norman (SC-05), Congressman Gregory Steube (FL-17), Congressman Jody Hice (GA-10), Congressman Mike Kelly (PA-16), Congressman Jeff Duncan (SC-03), Congressman Louie Gohmert (TX-01), Congressman Randy Weber (TX-14), Congressman Scott DesJarlais (TN-04), and Congressman Mike Garcia (CA-25).
Rep. Lance Gooden (R-Texas) previously spoke out supporting a challenge.
“We must stand up for the tens of millions of Americans who want answers to the irregularities surrounding this election,” Gooden said in his letter. “It is our duty to ensure the integrity of our election is unwavering, and the American people deserve to feel confident their vote matters.”
Gooden furthermore noted that allegations and reports of voter fraud are looming over the validity of the Nov. 3 presidential election.
“There needs to be a full audit of every ballot in states like Georgia, Arizona, Michigan, and Pennsylvania,” he said, adding in those states, “widespread reports” of fraud and irregularities have been reported. If the audit isn’t completed, Gooden argued that Congress would be doing the country a disservice by certifying the Electoral College results.
Gooden follows incoming Republican North Carolina Rep. Madison Cawthorn, who said this weekend he would also challenge the results. Cawthorn said at a Turning Point USA conference Monday that he will contest the election and fund primary opponents against GOP members not publicly urging “for fair, free and just elections.”
Cawthorn said the Constitution says “that state legislators are the only body that can change election law within their own states,” video of the conference shows. He said numerous governors and state secretaries in swing states have violated the law.
“And so because of that on Jan 6 as the people of Western North Carolina sent me to Washington to do a job, I will be contesting the election,” Cawthorn said.
Senate Majority Leader Mitch McConnell advised GOP senators not to contest the outcomes of the election on Jan. 6 in a private phone call with the caucus, two sources familiar with the matter said, according to Politico. Senate Majority Whip John Thune and Republican Missouri Sen. Roy Blunt reiterated McConnell’s thoughts.
Madison joined the audience in yelling USA once and said he has “a message for all of the Republicans across the country” during the video.
“If you are not on the record calling for fair, free and just elections now and in the future, I will come to your district and I will fund a primary opponent against you,” Cawthorn said in the video.