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Babin Commits to Jan. 6 Electoral College Objections and Demands Action

WASHINGTON, DC – U.S. Congressman Brian Babin (TX-36) issued the following statement after sending a letter with 18 House colleagues requesting a hearing to Senate Majority Leader Mitch McConnell, Speaker of the House Nancy Pelosi, and several relevant House and Senate committee chairs. According to the Constitution and federal statutes, resolving federal election contests for the President, the Senate, and the House falls under the jurisdiction of Congress. The letter urges House and Senate leadership to investigate and conduct hearings regarding voter fraud and election theft so that Congress is fully equipped to address the legality of the November 3, 2020 election. 

“Confidence in our election process must be restored,” said Babin. “It is my duty to do everything in my power to ensure that every legal vote is counted, every illegal vote is not, and our elections remain transparent. Our democracy will not survive otherwise.

“If Congress refuses to act before January 6, I will object to the electoral college vote submissions on the House floor on behalf of the millions of Americans, myself included, who do not trust the validity of this election.”

Signers of the letter: Congressman Brian Babin (TX-36), Congressman Mo Brooks (AL-05), Congressman Andy Biggs (AZ-05), Congressman Mike Rogers (AL-03), Congressman Jim Banks (IN-03), Congressman David Rouzer (NC-07), Congressman Paul Gosar, D.D.S. (AZ-04), Congressman Ted Budd (NC-13), Congressman Lance Gooden (TX-05), Congressman Bob Gibbs (OH-07), Congressman Ralph Norman (SC-05), Congressman Gregory Steube (FL-17), Congressman Jody Hice (GA-10), Congressman Mike Kelly (PA-16), Congressman Jeff Duncan (SC-03), Congressman Louie Gohmert (TX-01), Congressman Randy Weber (TX-14), Congressman Scott DesJarlais (TN-04), and Congressman Mike Garcia (CA-25).

To view the letter, click here.

View full text of the letter below:

December 16, 2020


The Honorable Mitch McConnell

Senate Majority Leader

317 Russell Senate Office Building

Washington, DC 20510


The Honorable Lindsey Graham


Committee on the Judiciary

United States Senate

224 Dirksen Senate Office Building

Washington, DC 20510


The Honorable Roy Blunt


Committee on Rules and Administration

United States Senate

260 Russell Senate Office Building

Washington, DC 20510


The Honorable Ron Johnson


Homeland Security and Governmental Affairs Committee

United States Senate

340 Dirksen Senate Office Building

Washington, DC 20510

The Honorable Nancy Pelosi

Speaker of the House of Representatives

1236 Longworth House Office Building

Washington, DC 20515


The Honorable Jerrold L. Nadler


Committee on the Judiciary

U.S. House of Representatives

2138 Rayburn House Office Building

Washington, DC 20515


The Honorable Zoe Lofgren


Committee on House Administration

U.S. House of Representatives

1309 Longworth House Office Building

Washington, DC 20515


The Honorable Carolyn Maloney


Oversight and Reform Committee

U.S. House of Representatives

2157 Rayburn House Office Building

Washington, DC 20515

Dear Leader McConnell, Chairman Blunt, Chairman Graham, Chairman Johnson, Speaker Pelosi, Chairperson Lofgren, Chairman Nadler, and Chairwoman Maloney:

Constitution Article I, Section 4 (the “Election Clause”) empowers Congress to set the times, places and manner of elections involving federal elected officials.  State legislatures are similarly empowered to set the times, places and manner of elections provided they do not conflict with the laws of Congress.

There are countless incontestable examples wherein governors, election officials, and judges altered states’ election procedures in violation of the Constitution’s Election Clause, in conflict with Congressional acts setting the times, places and manner of elections, and in conflict with legislative acts similarly setting the times, places and manner of elections.

What is unknown is the exact extent to which these violations of Article I, Section 4 illegally affected and altered federal elections within various states.

Constitution Article 1, Section 5 empowers the House and Senate to be the “Judge of the Elections, Returns and Qualifications of its own Members.”

United States Code Title 3, Chapter 1 states the process by which electoral college electors’ votes are communicated to Congress and the procedures by which Congress accepts or rejects states’ electoral college vote submissions (3 U.S.C. 15).

The sum and substance of the above Constitutional and statutory provisions is that Congress is the final and ultimate judge, jury and arbiter of all contested Congressional, Senatorial, and Presidential elections.

The House of Representatives has already received notice of, and shall be the “Judge” of, an election contest in Iowa.

Similarly, the presidential election has been the subject of dozens of lawsuits alleging voter fraud, illegal voting, and election theft which, on January 6, 2021, may or will be the subject of extensive floor debate as Congress determines whether to accept or reject various states’ electoral college vote submissions.

To date, and as would be expected because federal elected office contest duties lie with Congress, federal courts and the Supreme Court have had no trials on, no substantive evidentiary hearings on, and declined to rule on the merits of numerous voter fraud, illegal voting and election theft allegations in dozens of lawsuits.

America’s republic is dependent on the actual and perceived honesty and accuracy of the elections which are the underpinning of all republics. 

Inasmuch as it is inevitable that Congress will face one or more election contests, likely to include that for President of the United States, we, the undersigned, request that your committees do their jobs on behalf of our country and immediately and without delay hold all evidentiary and other hearings necessary to fully investigate and probe the anomalies of the 2020 general election so that Congressmen and Senators will be fully informed as we face contests and questions about the legitimacy and validity of all federal elections held on November 3, 2020. 

This request has particular urgency due to federal law mandating that all objections to the receipt of various state electoral college vote submissions be made on January 6, 2021.

Therefore, we ask that you immediately convene and hold hearings that:

1. probe all allegations of illegal conduct concerning the November 3, 2020 elections.

2. investigate systemic problems affecting our elections.

3. hear from election experts to explore legislative solutions that lessen the impact of fraudulent and illegal votes and restores faith that America can hold a free and fair election.

We look forward to your prompt action on these matters that are critical to America’s continued existence as a republic.