Congressman Ben Cline announced Tuesday that he will support objections to the Electoral College certification process on Wednesday.
Cline, who represents Virginia’s 6th Congressional District, joins other congressmen planning to reject Joe Biden’s Electoral College win.
Here’s the statement Cline released announcing his decision:
On January 6, 2021, the U.S. House and Senate will convene in a joint session to open the electoral votes submitted by state government officials, certify their validity, count them, and declare the official result of the election. As the representative of Virginia’s Sixth Congressional District, I took an oath to uphold the Constitution, and this is a duty that I do not take lightly or without thoughtful consideration and deliberation.
Article II, Section 1, Clause 2 of the Constitution provides that each state shall appoint its electors for president, “in such Manner as the Legislature thereof may direct.” Fortunately, all Legislatures have decided to choose electors through statewide elections, and most appoint all electors to the winner of the statewide popular vote. In addition, the state Legislatures have enacted laws with detailed election rules and procedures by which voters are to choose their presidential electors.
But in the months preceding the 2020 election, those rules and procedures established by the state Legislatures were deliberately changed by a number of individuals, including governors, secretaries of state, elections officials, judges, and private parties. These changes are in direct violation of Article II, Section 1, Clause 2 of the Constitution. That usurpation of the Legislatures’ constitutional authority was a primary reason why the 2020 election became riddled with an unprecedented number of allegations of irregularities and improprieties. As a result, prior to the vote last month of the Electoral College, I joined 125 other Members of Congress in urging the Supreme Court to resolve the question surrounding the constitutionality of these slates of electors. Unfortunately, that case was rejected on the basis of insufficient standing. It was not resolved on the merits.
Therefore, because I continue to have serious concerns regarding the constitutionality of these electors, I will vote to uphold objections to their certification on January 6.
Some have cited the Twelfth Amendment in suggesting that our role on January 6 is limited to counting the electoral votes. However, that argument is only relevant if Congress first confirms that the electors were chosen in compliance with Article II, Section 1. Clearly, the electors in these states were not. The authority of the Legislatures in these states was unconstitutionally appropriated by others.