The lawsuit claims that the Electoral Counting Act, which governs disputes over electoral votes in Congress, violates the 12th Amendment, which also outlines the electoral voting process. The Electoral Counting Act details a process of handling objections to votes that involves both the House and Senate. The 12th Amendment and the Electoral Counting Act, however, address different circumstances that could arise during the counting process. As such, it claims that the Electoral Counting Act illegally strips power from him by giving Congress the power to settle any disputes. The complaint asks the court to declare the Electoral Counting Act unconstitutional, and requests an injunction blocking Pence from acting according to its procedures.

Source: Fox News December 29, 2020 14:24 UTC