12 House Republicans Ask SCOTUS To Nullify Popular Vote, Let Legislature Award Electors

Twelve House Republicans have signed a motion to the U. S. Supreme Court asking that it set aside President-elect Joe Biden’s 154,000-vote win over President Donald Trump in Michigan and prevent Mr. Biden from receiving the state’s 16 electoral votes unless the Legislature conducts “post-election certification of the presidential electors before January 5, 2021.”

Gideon D’Assandro, spokesperson for House Speaker Lee Chatfield , said Mr. Chatfield disagrees with the action by the 12 lawmakers and still believes Michigan law compels the awarding of the state’s electoral votes based on the certified winner of the popular vote.

No members of the Senate signed this brief. And the 12 House Republicans represent just 21 percent of the House Republican Caucus, meaning it is far from a critical mass in the Republican-controlled Legislature.

Still, it is extraordinary. The 12 were among legislators from two states seeking to intervene in the lawsuit brought by the Texas attorney general against Michigan, Georgia, Pennsylvania and Wisconsin – all states won by Mr. Biden – asking the Supreme Court to set aside the popular vote in each state and let each state’s legislature determine which candidate gets its electoral votes. All four states have Republican-controlled legislatures.

Signing the motion from Michigan were Rep. Julie Alexander of Hanover, Rep. Gary Eisen of St. Clair, Rep. Beth Griffin of Mattawan, Rep. Michele Hoitenga of Manton, Rep. Matt Maddock of Milford, Rep. Greg Markkanen of Hancock, Rep. Jack O’Malley of Lake Ann, Rep. Brad Paquette of Niles, Rep. John Reilly of Oakland Township, Rep. Daire Rendon of Lake City, Rep. Rodney Wakeman of Saginaw Township and Rep. Douglas Wozniak of Shelby Township.

The motion cites the unproven claims of fraud but relies more on their interpretation of federal law claiming each state legislature must “conduct post-election certification of the presidential electors to be submitted” to Congress.

“The state legislatures of defendant states have completely abdicated their Article II role of appointing presidential electors by delegating this responsibility of postelection certification of presidential electors to state executive branch officials and judges,” the motion claims.

Meanwhile, Attorney General Dana Nessel filed Michigan’s official response to the Texas lawsuit.

The response rebuts the Texas claims point by point and also hits on a big overall theme.

“It is difficult to conceive of a greater intrusion upon Michigan’s sovereignty than to have another state hale it before this court to answer whether Michigan has followed its own laws in its own elections where its own courts have found no violation. Yet, Texas has done just that,” the attorney general’s response says.

Signing a separate brief including 106 members of the U.S. House in support of the Texas complaint were four Michigan members: U.S. Rep. Jack Bergman , U.S. Rep. Bill Huizenga , U.S. Rep. John Moolenaar  and U.S. Rep. Tim Walberg .