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Rep. Mo Brooks plans to challenge Electoral College vote on Jan. 6, report

"This election was stolen by the socialists engaging in extraordinary voter fraud and election theft measures," said the Alabama Republican.

Updated: December 3, 2020 - 8:50am

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Alabama Republican Rep. Mo Brooks plans to challenge the Electoral College votes on Jan. 6, when Congress is scheduled to certify Democrat Joe Biden as the winner of the 2020 presidential race.

Brooks has been telling his plan to fellow House members and might follow without the backing of Senate Republicans, according to Politico.

To trigger such a legislative effort, at least one member from the House and the Senate must challenge the results of the Electoral College vote.

Brooks called the November election "badly flawed," and mail-in voting "unconstitutional." 

"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," Brooks told Politico. "This election was stolen by the socialists engaging in extraordinary voter fraud and election theft measures." 

Brooks also said he does not believe the Supreme Court possesses the authority to overturn the results of this election.

"A lot of time is being wasted in court," he said. "The Supreme Court does not have the lawful authority to determine whether to accept or reject a state's Electoral College submissions. 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." 

Brooks, who has been in Congress since 2011, is a member of the conservative House Freedom Caucus.

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