Texas congressman, Arizona GOP electors sue Pence to choose alternate slate of electors
In another far-fetched effort to overturn the election results, Texas Rep. Louie Gohmert and Republican electors in Arizona filed a suit in the U.S. District Court in the Eastern District of Texas on Sunday, attempting to push Vice President Mike Pence into using alternate electors from the battlegrounds in the congressional certification on Jan. 6.
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The lawsuit argues that Pence has the power as the president of the Senate to choose the alternate electors when Congress formalizes the Electoral College vote.
Gohmert argues that alternate electors in Arizona, Georgia, Michigan, Pennsylvania and Wisconsin should be tapped "as a result of the extraordinary events and substantial evidence of election fraud and other illegal conduct before, during and after the 2020 general election in these states."
According to filings, there is no response in the docket from Pence thus far, but U.S. Attorney Stephen Cox and acting Attorney General Jeffrey Rosen have been served with documents. Judge Jeremy Kernodle is presiding.
-ABC News' Meg Cunningham and Political Director Rick Klein