Gohmert et al v. Pence

Filing 1

COMPLAINT EMERGENCY COMPLAINT FOR EXPEDITED DECLARATORY AND EMERGENCY INJUNCTIVE RELIEF against Michael R. Pence ( Filing fee $ 402 receipt number 0540-8169550.), filed by Louie Gohmert. (Attachments: # 1 Exhibit EX A Arizona Joint Resolution, # 2 Civil Cover Sheet)(Sessions, William)

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Case 6:20-cv-00660-JDK Document 1-1 Filed 12/27/20 Page 1 of 4 PageID #: 29 ,l .JOJNT RESOLUTION OF THE 54m LEGISLATURE, STATE OF ARIZONA 1'0 THE 116111 CONGRESS, OFFICE OF THE PRESIDENT OF THE SENATE, PRESIDING. WHEREAS, it is the constitutional and legal obligation of the Legislature of the State of Arizona to ensure that the state's presidential electors truly represent the will of the voters of Arizona; mill WHEREAS, pursuant to the direction of Congress as set forth in United States Code, title 3, section I as authorized by Article II, section 1, clause 4 of the Constitution of the United States, and state law adopted pursuant thereto, Arizona conducted an election for presidential electors on the Tuesday next after the first Monday in November of 2020- that is, 011 November 3, 2020; and WHEREAS, that election was marred by irregularities so significant as to render it highly doubtfuJ whether the certified results accurately represent the will of the voters: nnd WHEREAS, Congress has further directed in U.S. Code, title 3, section 2 that when a state "has held a11 election for the purpose of choosing electors, and has failed to make a choice on the day prescribed by law, the electors may he appointed on a subsequent day in such manner as the legislature of such State may direct"; and EXHIBIT A Case 6:20-cv-00660-JDK Document 1-1 Filed 12/27/20 Page 2 of 4 PageID #: 30 WHEREAS that provi ion implicitly recognizes that Article II, Section 1 Clau. e 2 of the U .S. Constitution grant. to each tale legislature, with tated limitations, the sole authority to prescribe the manner of appointing elector for that state; and WHEREAS the United tates Supreme Court and other courts have explained that when a . tate legi lature direct. the manner of appointing electors, it doCj o pursuant to a grant of authority from the U.S . Constitution rather than by reason of any slate constitutional or other legal provision; that thi. authority may be exercised by the Jegi lature alone without other a pect. of the normal lawmaking proce ; and that the tate legi lature . authority over the appointment of pre idential electors L plenary and may be resumed at any time; and WHEREAS becau e U.S. Code, title 3 . ection 7 mandate. that all pre. idential elector vote for President and Vice Pre ident of the United States on December 14, 2020, it i impo sible to pursue the Legislature preferred course of action, which wou ld b for Arizona' oter to participate in a new and fair and free pre. idential election before that date; and WHEREAS in view of the fact heretofore recited , the Legislature is required to exer i e its best judgment a to which . late of electors the voters prefer and WHEREAS legal precedent exi t. where in 1960 the State of Hawaii ent an alternate late of electors while the Presidential election wa till in que tion in order to meet the deadline of . electing elector and upon recount the alternate . late of elector.' ballots were ultimalely counted: and WHEREAS , the undersigned ha e an obligation to find the tru h . occasion ince or thi rea. on on everal ovember 3, we tate lawmakers ha e requested fact-finding hearing to in lude a comprehen ive and independent foren. ic audit. At th.is time, no such audiL has been aulhorized. This leave the uncertainty of the elec ion r~ ult in a tale that require further invesl'igation and re. olution; and Case 6:20-cv-00660-JDK Document 1-1 Filed 12/27/20 Page 3 of 4 PageID #: 31 WH R th enat Judi iary landing mmitte today ailed for a for n. i audit of ariou I ction irregularitie , ngoing litigation L urrently activ , and ther ar unres I d disput n Presid -n ial ampaign, r nd ring th b h th dal by igning 8 ° it r . ol ed by th und r ign d L gi I· tors. memb t'. that th alt -route l 1 le t ral vote be a c pted f r c t nate, requ . t rump or t hav all el ctoral nduct d. B it furth r r nit -d tat L gislarur d - m th rizona Hou. and naJd l nullifi. d the fthe on. ider a ~ lat le tlon to be final and all irr gulariti lved th tat of Ari.zona ntil th r s Iv d igned thi~ day • 14 0 - emb r, 2020. . - ,t Case 6:20-cv-00660-JDK Document 1-1 Filed 12/27/20 Page 4 of 4 PageID #: 32 "'' R pre ntali ve Travis egi lati R pr ntaliv istrict 12 .

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