Texas Electoral Count Challenge

December 28, 2020

Lawsuit filed by Texas Republican congressman and Arizona’s Republican electoral college electors against Vice President Mike Pence challenging the constitutionality of the Electoral Count Act. Specifically, the plaintiffs asked that Vice President Pence be given the authority to determine electoral votes for each state. The district court dismissed the case for lack of subject matter jurisdiction, holding that none of the plaintiffs had standing to bring the case. The Fifth Circuit affirmed.