Rep. Weber (TX-14) Statement on Objections to Electoral Votes
Washington, January 5, 2021
Washington, D.C. – Tuesday, January 05, 2021 U.S. Rep. Randy Weber (R-TX-14) submitted the following statement regarding objections to Electoral votes for the Congressional Record.
In keeping with this constitutional responsibility, state legislatures have established detailed rules by which that state’s electoral process and appointment of presidential electors should be conducted. However, in the months before the 2020 election, it is undeniable that—in several key states—either state court judges or state executive officials acted deliberately to fundamentally change state election law, usurping the state legislature’s express authority under the Constitution.
In violation of the Constitution and with full knowledge of mail-in voting vulnerabilities, state officials, activists, and Democrat-led lawsuits in numerous states opened our electoral processes to fraud and abuse. The sheer volume of mail-in voting alone triggered not just administrative errors and clerical mistakes but actual election crimes.
As an alumnus of the Texas House of Representatives, I understand and guard zealously the prerogatives of state legislatures. As such, I feel strongly that the Supreme Court should have upheld the authority of those legislatures to establish the manner of appointing electors. Moreover, it was incumbent upon the court to determine the constitutional validity of any ballots that were cast under rules and procedures established by entities other than state legislatures.
Put bluntly, the usurpation of legislative power in several states produced unconstitutional ballots. As we asserted in our amicus brief that accompanied the Texas case, any state executive or judicial attempt to determine the manner of choosing electors—especially any attempt that directly contradicts the will of the state legislature—is void ab initio (“from the beginning”).
Regrettably, on December 11th, SCOTUS denied Texas’ motion for lack of standing, without ruling on the merits of the case or the questions of fact therein. However, Justice Samuel Alito, joined by Justice Clarence Thomas, disagreed with the high court’s ruling, writing that, “In my view, we do not have discretion to deny the filing of a bill of complaint in a case that falls within our original jurisdiction … I would therefore grant the motion to file the bill of complaint…” I, too, believe that the Supreme Court got it wrong. That highest court has original jurisdiction over, specifically, suits involving two or more states.
Now, tomorrow, January 6th, we the Congress—on behalf of “We The People”—will exercise our constitutional DUTY as the final judge, jury, and arbiter of all contested congressional, senatorial, and presidential elections. The legitimacy of our republic rests on the foundation that our elections—whether for President of the United States or any other office—are transparent, fairly administered, and above board. With the undeniable knowledge of illegal changes to various state election laws, enacted by parties other than the respective state legislatures, we (the Congress) constitute the last line of defense in ensuring the trust of our citizens in the integrity of THEIR ballots.
Every single member of Congress swore an oath to uphold the Constitution of the United States of America. Our constitutional republic has endured for nearly two and a half centuries based on the consent of the governed. That consent is grounded in the confidence of our people in the legitimacy of our institutions of government, the most fundamental being free and fair elections. The erosion of that foundation jeopardizes the stability of the republic.
I will therefore join my colleagues tomorrow in objecting to counting the electoral votes of Arizona, Georgia, Michigan, Nevada, Pennsylvania, and Wisconsin, to restore the integrity of our electoral process.