U.S. Senator Ted Cruz, January 2, 2021 in a release on the U.S. Senate website, seven U.S. Senators Ted Cruz (Texas), Ron Johnson (Wisconsin), James Lankford (Oklahoma), Steve Daines ( Montana Steve Daines), John Kennedy (Louisiana John Kennedy), Marsha Blackburn (Tennessee Marsha Blackburn) and Mike Braun (Indiana Mike Braun), four Senators-elect Cynthia Meese (Wyoming Cynthia Lummis ), Roger Marshall (Kansas), Bill Hagerty (Tennessee) and Tommy Tuberville (Alaska), issued the following statement in advance of the January 6, 2021 Electoral College certification process.
“The United States is a republic, and the leaders of the United States are elected in democratic elections. Those elections, in turn, must comply with the Constitution and federal and state laws.
“When voters decide an election fairly, under the rule of law, the losing candidate should recognize and respect the legitimacy of the election. And, if voters choose to elect a new president, our nation should have a peaceful transfer of power.
“The 2020 election, like the 2016 election, is an uphill battle, with a narrow margin of votes to determine the winner in many swing states. However, the 2020 election features unprecedented allegations of electoral fraud, violations of election laws and poor enforcement of election laws, among other voting irregularities.
“While the breadth and scope of election fraud is controversial, it has been a challenge in our elections. In any case, there are more allegations of fraud and irregularities in the 2020 election than in any election we have experienced in our lifetime.
“And these allegations are not just believed by one person, they are widely spread. A Reuters/Ipsos polling shows that 39 percent of Americans believe ‘the election was rigged.’ 67 percent of Republicans, 17 percent of Democrats and 31 percent of Independents hold this belief.
“Yet some members of Congress disagree with this assessment, as do many in the media.
“But whether our elected officials or journalists believe it or not, a deep distrust of our democratic process is not going to magically disappear. It should concern us all, and it is an ongoing threat to the legitimacy of elected government.
“Ideally, the Court would hear the evidence and address these allegations of serious election fraud. Twice the Supreme Court has had the opportunity to do so; both times, the Supreme Court has declined.
“On Jan. 6, Congress has the responsibility to vote on whether to accept the results of the 2020 election. That vote is the only constitutional authority to consider and force resolution of multiple allegations of serious voter fraud.
“There is also precedent for members of Congress to challenge presidential election results in joint sessions every four years, as occurred in 1969, 2001, 2005 and 2017. And, in 1969 and 2005, Democratic senators joined Democratic House members in both chambers to force a vote on whether to accept the challenged presidential electoral votes.
“The most direct precedent on this issue began in 1877, with serious allegations of fraud and illegal conduct in the previous Hayes-Tilden presidential campaign. Specifically, it was alleged that the campaigns in three states – Florida, Louisiana and South Carolina – were held illegally.
“In 1877, Congress did not ignore these allegations, nor did the media simply dismiss those making the allegations as radicals seeking to undermine democracy. Instead, Congress appointed an Elections Commission, consisting of five senators, five House members and five Supreme Court justices, to consider and resolve controversial issues.
“We should follow this precedent. To accomplish this, Congress should immediately appoint an election commission with full investigative and fact-finding powers to conduct an emergency 10-day review of election results in contested states. Once completed, individual states would evaluate the commission’s findings and, if necessary, convene a special legislative session to certify changes to state electoral votes.
“Therefore, we intend to vote on Jan. 6 to reject disputed states’ electoral votes that are not ‘normally awarded’ and not ‘legally certified’ (as required by law) unless and until the emergency 10-day audit is completed.
“We are not naive. We fully expect most (if not all) Democrats, and more Republicans, to vote against this. But supporting election integrity should not be a partisan issue, and an impartial, credible audit that is conducted quickly and completed successfully by January 20 would greatly improve Americans’ confidence in our election process and greatly enhance the legitimacy of our next president, something we owe to the American people.
“These are things that deserve the attention of Congress and are entrusted to us to defend. We are not taking this action lightly. Our action is not to stop the democratic process, but to protect it. It is up to each of us to act together to ensure that elections are conducted lawfully under the Constitution and to do what we can to restore confidence in democracy.”
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