Late Tuesday, 88 state legislators from five battleground states sent a letter to Vice President Mike Pence in which they asked him to postpone the opening and counting of Electoral College votes, currently scheduled to take place during Wednesday’s joint session of Congress, “for at least 10 days.”
When the Electoral College met in fifty state capitals on December 14, 2020, subsequent to the certification of the November 3 election results by officials in each state, 306 Electors cast ballots for Joe Biden, and 232 cast ballots for Donald Trump. The letter reads:
On January 6, 2021, you are statutorily authorized and required under the Electoral Count Act of 1887 to preside over both houses of Congress to count and record the Presidential electoral vote count to elect the President and Vice President of the United States. This congressionally set deadline, however, is not the supreme law of the land, and in fact must not supersede our state legislative authority under the Constitution. Moreover, the deadline is not necessitated by circumstances, especially when it truncates the fulfillment of our constitutional duties and our responsibility to the American people.
“There are extensive and well-founded accusations of electoral administration mismanagement and deliberate and admitted violations of explicit election laws enacted by state legislatures in Arizona, Georgia, Michigan, Pennsylvania, and Wisconsin,” the state legislators continued, adding:
Therefore, we write to ask you to comply with our reasonable request to afford our nation more time to properly review the 2020 election by postponing the January 6th opening and counting of the electoral votes for at least 10 days, affording our respective bodies to meet, investigate, and as a body vote on certification or decertification of the election. This action can be completed prior to the inauguration date, as required by the Constitution.
The letter was organized Got Freedom, a 501 (c) (4) non-profit election integrity watchdog group that also organized a Saturday phone call with 300 state legislators that President Trump addressed.