- Editor: Victor Torres
- Translator: Ranting
The Amistad Project filed a lawsuit in the U.S. Supreme Court on Dec. 22 aimed at forcing Senate President-Vice President Mike Pence to reject include the electoral votes of five states until their legislatures can certify their votes.
The lawsuit names Vice President Mike Pence, both houses of Congress and various executive branch and legislative officials in the five states named in the lawsuit as defendants.
The Amistad Project is affiliated with the Thomas More Society, which claims that several federal and state laws enacted under the guise of CCP virus protection unconstitutionally and illegally delegate the power to certify electoral votes from state legislatures to the state executive branch.
The Amistad Project is arguing that the legislatures of Pennsylvania, Michigan, Wisconsin, Georgia and Arizona should be barred from certifying the states’ presidential electoral votes on December 14 because of this unconstitutional transfer of power.
Under Article II of the Constitution of the U.S., presidential electors must be appointed by the states in the manner prescribed by the state legislatures:
“Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors, equal to the whole Number of Senators and Representatives to which the State may be entitled in the Congress…”
The lawsuit alleges that Article II of the Constitution prohibits the state legislature from delegating its powers to state executive branch officials in any capacity because the Constitution does not authorize them to do so.
The relief sought by the Amistad Project before the U.S. Supreme Court is for the high court to declare some of the federal and state laws that give executives the power to certify elections are unconstitutional.
The lawsuit also seeks to prevent Vice President Mike Pence from presiding over the Board of Elections and to prevent Congress from accepting votes from Arizona, Georgia, Michigan, Pennsylvania and Wisconsin until their respective state legislatures can meet and certify the ballots independently of the executive branch.
So far, Pence’s office has not issued a statement on whether he will fulfill his constitutional obligation to protect the legitimacy of the Electoral College vote.