More than 100 state legislators from contested key states asked Vice President Mike Pence to delay the certification of electoral votes by 10 days.
The state lawmakers are asking for more time to investigate voter fraud and irregularities to determine whether the election results for Joe Biden should be decertified.
Article II Clause 1 Section 2 of the Constitution gives state legislatures plenary power to choose which electors are sent to Congress.
“We intend on fulfilling our oaths of office by properly investigating and determining whether the election should be certified, or decertified, by our respective state legislatures,” the lawmakers wrote in a letter to Pence. “Additional time must be afforded for the legislatures to meet and for state legislators to fulfill their constitutional duties.”
Just The News reported:
While Pence has said he supports lawmakers who are concerned about the conduct of the November election, he has not indicated whether he’d be willing to go as far as delaying counting votes from states like Wisconsin, Michigan, Georgia, Arizona and Pennsylvania or whether such a manuever would be deemed constitutional by the Supreme Court.
Nonetheless, the 11th hour letters from state legislators added to a growing momentum among Republicans to contest Joe Biden’s declared election victory.
“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,” one letter to Pence signed by 88 state Republican legislators read. “This action can be completed prior to the inauguration date, as required by the Constitution.”
That letter attached an appendix listing irregularities and illegalities in the battleground states where Trump has contested the election results showing Biden the winner.
The appendix, the lawmakers wrote, “provides evidence of a coordinated and structured multi-state effort to undermine state law protecting election integrity.”
That letter was organized by a 501(c)(4) group called Got Freedom after state legislators had a private call with Trump over the weekend to brief the president on their concerns. The group said the legislators asked it to organize a single letter for many to sign.
Trump campaign attorney Jenna Ellis Monday night suggested Vice President Mike Pence could defer certifying the election results for Joe Biden on Wednesday when Congress meets and instead send requests to the state legislatures.
In an interview with Just The News, Jenna Ellis said Pence would simply defer the question to the state legislatures in contested states with dueling electors to clarify which slate of electors the state will approve.
“What Mike Pence could do, and what he should do, in fact, is to direct a question back to the state legislatures when there are two competing slates of delegates from these six states, he can ask that question to the states and say, well, state legislators, you know, I have an oath to the Constitution to uphold the Constitution as written in Article II Section 1.2 which says the state legislatures direct the manner in which electoral delegates are selected. So you tell me which of these two slates was selected in the manner that your state general assembly has designated,” Jenna Ellis said during an appearance on Just the News with David Brody.