By Rep. Mike Garcia (CA-25)
There is a constitutional inference that the federal legislature (i.e. Congress) is a natural final check for the actions or integrity of the processes at the state legislative levels. Our entire federal republic is based on a system of checks and balances.
While I am a federalist, I do believe there is enough evidence of compromised processes and break downs in election integrity by certain state legislatures that do in fact warrant a closer examination. We need a full forensic audit of several states to ensure all Americans have confidence in our elections.
The events leading up to and the events in the wake of the 2020 election were some of the most divisive and polarizing moments in our Nation’s brief history. As we reach the final step in a constitutional process to certify the Presidential election, I have decided to vote to reject some of the states’ electoral votes.
This decision is not one that I take lightly. I have examined all available evidence in several states currently being disputed, and I have digested the constitutional arguments from both sides of this discussion. We are clearly in the midst of a constitutional collision.
In at least six consequential swing states, state election laws were fundamentally altered by bureaucrats outside of the state legislatures and in contravention of the explicit power granted to those state legislatures by the Federal Constitution.
This is in violation of the Article II, Section 1, Clause 2 and Article 1, section 4 of the Federal Constitution and the processes set forth for directing the selection of electors and managing elections. There is no grey area in this regard.
In this case, the respective state legislatures and attorneys general have failed the nation by allowing such porous and compromised processes and so much doubt to prevail and be left unchecked.
These doubts now fall in the lap of Congress to adjudicate. The dereliction of duty by 6 states was a disservice to both Presidential candidates. And it was an affront on our entire national pride and our founding documents.
I have no blind loyalties to any individuals or political parties. My intent of objecting is not to change the outcome of the election. Fraud needs to be eradicated and is unacceptable regardless of whether it affects the outcome of the election.
I serve and fight for the Constitution. In this case, this means ensuring the integrity of our processes and ensuring that the elections of officials within our Federal Republic remain unassailable and pure. Where there is doubt in the process or in the integrity thereof, we as elected officials and representatives at all levels of government have a moral imperative and, in fact, a constitutional and legal obligation, to demand that we slow down and examine exactly what happened. We must have assurances of election security, and in the end, we may see there was no fraud or at least not enough fraud to affect the outcome. This is also good to know. Right now, we know nothing.
The vote on 6 January is not about Trump versus Biden or left versus right. It is about seeking assured security. Assured security not only for the last election but more importantly for future elections. Assured security in knowing that not only will every legitimate vote be counted, but also that every illegitimate and fraudulent vote will NOT be counted.
Just as we have invested time ensuring foreign actors do not mettle in our elections, it is just as important to ensure we have trust and legitimacy in our systems within our own borders.