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Coalition of Senators Prepare to Challenge Electoral College Slates on Jan. 6

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Senator Ted Cruz (R-TX) will lead a coalition of 12 senators to object to the certification of electors on Jan. 6, 2021 “unless and until there is an emergency 10-day audit” of the disputed states. A joint statement from the senators cited a precedent set in 1877 following serious allegations of fraud and illegal conduct in the Hayes-Tilden presidential race, “Congress appointed an Electoral Commission—consisting of five Senators, five House Members, and five Supreme Court Justices-to consider and resolve the disputed returns.” 

Sen. Ted Cruz. | Susan Walsh/AP Photo

The Senators proposed the appointment of a similar Electoral Commission with “full investigatory and fact-finding authority, to conduct an emergency 10-day audit of the election returns in the disputed states. Once completed, individual states would evaluate the Commission’s findings and could convene a special legislative session to certify a change in their vote, if needed.”

Cruz is joined by Ron Johnson (R-Wis.), James Lankford (R-Okla.), Steve Daines (R-Mont.), John Kennedy (R-La.), Marsha Blackburn (R-Tenn.), and Mike Braun (R-Ind.), and Senators-Elect Cynthia Lummis (R-Wyo.), Roger Marshall (R-Kan.), Bill Hagerty (R-Tenn.), and Tommy Tuberville (R-Ala.) Senator Josh Hawley (R-MO) had already pledged to object on Jan. 6 because some states, like Pennsylvania, “failed to follow their own state election laws.”

Currently, there are six swing states in question due to fraudulent activity; Pennsylvania, Michigan, Georgia, Arizona, Nevada, and Wisconsin. Texas Attorney General, Ken Paxton, filed a lawsuit against four states;  Georgia, Pennsylvania, Michigan, and Wisconsin, because they used the pandemic as an excuse to change or ignore state and federal election laws in advance of the 2020 Presidential election. The case went directly to the Supreme Court,

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