The 38 Texas presidential electors cast their ballots for President Trump and Vice President Mike Pence. Trump won the state’s electoral votes by defeating President-elect Joe Biden, 52%-46%, in the general election.
By a 34-4 vote, the electors passed a resolution urging the legislatures of Georgia, Michigan, Pennsylvania and Wisconsin to appoint their own electors, thus overturning the results of the election. The resolution also “condemn[ed] the lack of action by the U.S. Supreme Court” to rule in favor of legal actions raised by the Trump campaign and allies, including Atty. Gen. Ken Paxton (R).
It was unclear that the electors had the power to do this. 3 U.S. Code §§7-11 provide that electors shall:
- “Meet and give their votes on the first Monday after the second Wednesday.”
- “Vote for President and Vice President, respectively, in the manner directed by the Constitution”
- “Make and sign six certificates of all the votes given by them”
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