Alabama congressman plots to overturn Electoral College certifying Biden’s election win

The longshot plot is unlikely to succeed

A Congressman from Alabama plans to challenge the Electoral College votes when Congress moves to certify Joe Biden's victory on 6 January.

Politico first reported the story. Rep. Mo Brooks, a Republican, is searching for a senator to join his challenge, though he said he might object to the election alone if he does not find a partner. He noted that doing so would largely be a symbolic, and not practical, undertaking.

Mr Brooks said he has had contact with some senators, but did not provide names.

Mr Brooks has echoed Donald Trump's baseless claims that there was massive voter fraud in the 2020 US election that led to his defeat.

“In my judgment, if only lawful votes by eligible American citizens were cast, Donald Trump won the Electoral College by a significant margin, and Congress’s certification should reflect that,” Mr Brooks told Politico. “This election was stolen by the socialists engaging in extraordinary voter fraud and election theft measures.”

Mr Brooks' attempt to use Congress to overturn the election is almost certain to fail. Even if a senator joins him to contest the electoral college, it is extremely unlikely the duo would convince enough of the House and Senate to back their play.

While the move may not secure Mr Trump the presidency, it could force a lot of Republicans into unenviable positions. Should Mr Brooks succeed in forcing a deliberation over the electoral college, Congressional Republicans will be forced to cast a vote to either support the Electoral College - and thus uphold the will of the US electorate at the expense of Mr Trump's loyalist supporters - or support Mr Trump's baseless claims at the expense of a functional democracy.

Either way, they will likely face an avalanche of backlash.

Mr Brooks said he wants to keep the fight in Congress, as he does not believe the Supreme Court should be the ruling authority on the election.

“A lot of time is being wasted in court ... the Supreme Court does not have the lawful authority to determine whether to accept or reject a state’s Electoral College submissions,” Mr Brooks said. “Under the United States constitution and U.S. law, that is the job and duty of elected officials ... And so it’s the United States Congress that is the final judge and jury of whether to accept or reject Electoral College submissions by states, and to elect who the president and vice president of the United States might be.”