Fox News reached out to counsel for Gohmert and the Arizona Republican electors for clarification. PENCE URGES CONSERVATIVES 'TO STAY IN THE FIGHT' AS 'OUR ELECTION' CONTINUESThe lawsuit claims that if more than one party has cast electoral votes, the Constitution allows Pence to decide which party's votes to count when Congress meets to formally announce the winner of the election Jan. 6, 2021. While the Electoral Counting Act details a process of handling objections to votes that involves both the House and Senate, Gohmert's lawsuit claims that this law runs contrary to the 12th Amendment, which outlines the process of counting electoral votes. CLICK HERE TO GET THE FOX NEWS APPGohmert claims that because the 12th Amendment does not include the Senate in the process, the Electoral Counting Act is unconstitutional for including the Senate in the dispute resolution process. The lawsuit 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 30, 2020 13:16 UTC