It comes over a week before Pence is scheduled to preside over a joint session of Congress where the Electoral College votes for Biden and President Donald Trump will be tallied up.

The suit asks eastern Texas federal Judge Jeremy Kernodle, a Trump appointee, to declare that Pence has the “exclusive authority and sole discretion” to decide which electoral votes from a given state should be counted.

While pro-Trump electors in some states Biden won have symbolically cast their own ballots, experts say those votes carry no legal weight.

That amendment contains “the exclusive dispute resolution mechanisms,” the lawsuit claims, including that “Vice-President Pence determines which slate of electors’ votes count, or neither, for that state.”

None of those legal efforts have succeeded in invalidating votes for Biden or flipping the results of any states’ presidential elections.

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