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A Texas judge has rejected a lawsuit by Republican Louis Homert, which aimed to give Vice President Mike Pence the power to overturn the presidential election.
VP Pence’s lawyers had asked for the case to be closed on December 31.
Mike Pence, as Senate president, will oversee the January 6 session and announce the winner of the White House race.
President-elect Joe Biden is due to take office on January 20th.
President Donald Trump has yet to step down.
Louis Gomert told Newsmax TV that he plans to appeal the sentence.
Republican friends and colleagues of President Trump presented dozens of legal challenges to the outcome of November, which brought a decisive victory to Joe Biden.
Joe Biden’s victory was announced after days of counting the votes, which took longer than in recent years due to the huge number of postal ballots submitted due to the coronavirus pandemic.
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President Trump has made numerous unsubstantiated allegations that Joe Biden’s victory, in which the president-elect won 306 votes at the Electoral College against 232 of his rival, was fraudulent.
Congressman Homert’s case aimed to allow Vice President Mike Pence to reject some votes in the Electoral College when they are ratified by Congress on January 6.
The Vice President presides over the certification of votes in Congress in a ceremonial role, which includes opening and counting the envelopes containing the votes of the Electoral College before announcing the result.
Homert’s case aimed to expand that role to allow Vice President Pence to assess the validity of the votes and potentially replace the votes for Joe Biden with those for Donald Trump.
Judge Jeremy Kernodle, who was appointed to the Texas court in 2018 by President Trump, dismissed the case, saying it was based on speculative events.
On December 31, Defense Department attorney Mike Pence urged Louis Homer to drop the case, suggesting that it was not the vice president’s office that should monitor the outcome.
Although most Republicans in Congress are expected to vote in favor of certifying the results, a small number, including Sen. Josh Hawley, say they plan to object. But their vote is not expected to change the outcome.
Joe Biden is due to be sworn in as president on Jan. 20 at a reduced ceremony with only 1,000 tickets available due to Covid-19 precautions.