Rep. Cuellar: I will vote to certify the Electoral College

Press Release

President-elect Joe Biden and Vice President-elect Kamala Harris won the 2020 election decisively, with a historic margin of victory.

The American people cast more than 81 million votes for the Biden-Harris ticket -- the most ever cast for a candidate for public office in our nation's history, and well over a majority of all votes cast.
That is the largest vote share for a challenger to an incumbent president since FDR defeated Hoover in 1932. Not even Ronald Reagan exceeded 51 percent of the vote in defeating Jimmy Carter in 1980.
In the three states that were decisive in the 2016 election -- Pennsylvania, Michigan and Wisconsin -- Joe Biden beat President Trump by a combined margin of more than 250,000 votes, more than three times President Trump's combined margin in these states in his self-proclaimed "landslide victory' in 2016.
In the middle of a pandemic, a historic 158.4 million people voted, representing almost two-thirds of eligible American voters.
Every single state, and 98 percent of the nation's counties, saw higher turnout than in 2016. 41 states had the highest turnout of any election in the past 50 years.
The American people spoke with their ballots and selected the leader they want in this time of crisis: a choice that must be respected. Disturbingly, however, many Republicans in Congress and the Trump campaign refuse to respect the will of the people and recognize the election results. Instead, they are pushing wild conspiracy theories and falsely alleging voter fraud, which undermines faith in our democracy.

Republicans have brought more than 60 lawsuits to date challenging the results of the 2020 election. They have failed. These lawsuits have wasted judicial resources and taxpayer dollars -- while the President's campaign has used them to fundraise and enrich themselves. Courts have uniformly confirmed the election results:

In Arizona, the Trump campaign, state Republicans and others have filed 8 election-related lawsuits. All of these lawsuits have been withdrawn or dismissed.
In Georgia, the Trump campaign, state Republicans and others have filed 7 election-related lawsuits. All of these lawsuits have been withdrawn or dismissed.
In Michigan, the Trump campaign, state Republicans and others have filed 8 election-related lawsuits. All of these lawsuits have been withdrawn or dismissed.
In Nevada, the Trump campaign, state Republicans and others have filed 7 election-related lawsuits. All of these lawsuits have been withdrawn or dismissed.
In Pennsylvania, the Trump campaign, state Republicans and others have filed more than 20 election-related lawsuits. They won one of these lawsuits and lost the rest. This one victory, their only victory in any state, affected fewer than 100 ballots -- in a state President-Elect Biden won by more than 80,000 votes.
In Wisconsin, the Trump campaign, state Republicans and others have filed 7 election-related lawsuits. All of these lawsuits have been withdrawn or dismissed.
There has been a total lack of evidence to support these partisan and extreme voter fraud claims, which the courts have found to be meritless:

The Arizona Supreme Court unanimously dismissed the state Republican party's election challenge, even though all seven of the court's justices were appointed by Republican governors. The court's opinion concluded with a sweeping rejection of this challenge:
"[The] challenge fails to present any evidence of "misconduct,' "illegal votes' or that the Biden electors "did not in fact receive the highest number of votes for office,' let alone establish any degree of fraud or a sufficient error rate that would undermine the certainty of the election results."
In Michigan, federal judge Linda Parker dismissed a lawsuit seeking to overturn the results of the election in Michigan. Judge Parker concluded:
"[T]his lawsuit seems to be less about achieving the relief Plaintiffs seek--as much of that relief is beyond the power of this Court--and more about the impact of their allegations on People's faith in the democratic process and their trust in our government. Plaintiffs ask this Court to ignore the orderly statutory scheme established to challenge elections and to ignore the will of millions of voters. This, the Court cannot, and will not, do."
In Pennsylvania, a panel of the United States Court of Appeals for the Third Circuit unanimously rejected President Trump's lawsuit making claims that had already been thrown out of state court. The opinion was written by Judge Stephanos Bibas, a judge appointed by President Trump. He wrote:
"Free, fair elections are the lifeblood of our democracy. Charges of unfairness are serious. But calling an election unfair does not make it so. Charges require specific allegations and then proof. We have neither here."
In Wisconsin, federal judge Brett Ludwig, who was appointed by President Trump, threw out one of President Trump's lawsuits with a sharp rejection of the lawsuit's arguments:
"This is an extraordinary case. A sitting president who did not prevail in his bid for reelection has asked for federal court help in setting aside the popular vote based on disputed issues of election administration, issues he plainly could have raised before the vote occurred. This Court has allowed plaintiff the chance to make his case and he has lost on the merits. In his reply brief, plaintiff "asks that the Rule of Law be followed.' ... It has been."
Sadly, more than half of House Republicans joined an effort to overturn the results of the Presidential election -- while at the same time, accepting the results of their own elections. This shameful hypocrisy must be rejected. Americans voted in the Presidential election and for their Senators and Representatives using the same ballots, which were read by the same ballot scanners. The process was administered by the same election workers.

Republican and Democratic state leaders across the country have rejected the anti-democratic and illegitimate efforts by the Trump campaign and Congressional Republicans to overturn the election and recognized President-elect Joe Biden's victory:

In Arizona, on November 24, Republican Governor Doug Ducey stated, "I've said several times: Arizona is a good government state. I trust our election system. There's integrity in our election system. Joe Biden did win Arizona."
In Georgia, Republican Secretary of State Brad Raffensperger has overseen a statewide hand audit of Georgia's machine count and a further machine recount requested by the Trump campaign. After the recount, when Joe Biden was declared the winner in Georgia for the third time, Secretary Raffensperger said, "Today is an important day for election integrity in Georgia and across the country. Georgians can now move forward knowing that their votes, and only their legal votes, were counted accurately, fairly, and reliably."
In Michigan, despite direct pressure from President Trump, the Republican leaders of the state legislature confirmed that Joe Biden won Michigan's Electoral College votes. State Senate Majority Leader Michael J. Shirkey stated that the Senate Oversight Committee has "not received evidence of fraud on a scale that would change the outcome of the election in Michigan . . . President-elect Biden and Vice President-elect Harris won Michigan's presidential election."
In Nevada, Republican Secretary of State Barbara Cegavske presented the results of the election to the Nevada Supreme Court on November 24, which in turn approved the state's canvass showing Joe Biden as the winner.
In Pennsylvania, Secretary of State Kathy Boockvar certified the results of the state's election, showing Joe Biden as the winner, and Governor Tom Wolf announced that he had "signed the Certificate of Ascertainment for the slate of electors for Joe Biden and Kamala Harris."
And in Wisconsin, on November 30, Governor Tony Evers released a statement saying, "Today I carried out my duty to certify the November 3rdelection, and as required by state and federal law, I've signed the Certificate of Ascertainment for the slate of electors for President-elect Joe Biden and Vice President-elect Kamala Harris."
Many Republican Members of Congress acknowledge that Joe Biden will be the next president:

By mid-November, ten Republican Senators and twelve Republican Representatives had congratulated President-Elect Biden and Vice President-Elect Harris.
After the Electoral College cast its votes on December 14 for Joe Biden as President, a number of additional Senators and Representatives joined the ranks of Republicans who acknowledged that the people had definitively spoken and elected Joe Biden.
On December 15, Senate Majority Leader Mitch McConnell said in a speech on the Senate Floor, "The Electoral College has spoken. So, today, I want to congratulate President-elect Joe Biden."
Today, Wednesday, January 6, the election results will be certified, and Joe Biden and Kamala Harris will be officially declared the next President and Vice President of the United States. This country faces unprecedented crises, with a global pandemic and millions of people out of work. Republicans must end their assault on our democracy, accept that the American people chose Joe Biden to be the next President of the United States and get to work to save lives and livelihoods during this challenging moment.

We must uphold the principle: the people are sovereign and that they hold the power to choose their leaders through the ballot box.

House Opens the Historic 117th Congress

We open the new Congress during a time of extraordinary difficulty. Each of our communities has been drastically affected by the pandemic and economic crisis: over 350,000 tragic deaths, over 20 million infections, millions without jobs -- a toll almost beyond comprehension. We must build on our progress: by crushing the virus, putting money in the pockets of workers and supporting our heroes with robust funding for state and local government to ensure that they do not lose their jobs and that our communities do not lose essential services.

The American people voted for action and unity. In 2021, we will deliver both.

Process for the Joint Session of Congress

First, the Joint Session should be a solemn occasion. There are no speaking roles during the Joint Session except for announcing the votes of the states. If Republicans bring a challenge to a state, we then break into separate House and Senate sessions to debate. The state delegations and our leaders -- Representatives Zoe Lofgren, Jamie Raskin, Adam Schiff and Joe Neguse -- have been working on our Democratic presentation of the Constitutional, historical and thematic justification for respecting the will of the people. On the Floor of the House, we will have a civics lesson about protecting the integrity of our democracy. Priority to speak has been given to state delegation Members from states that are expected to face a challenge.
Second, during the Joint Session, access to the Floor of the House will be limited to those Members who are scheduled to speak during House debate where there is an objection. Unless participating in the House debate, Members are encouraged to remain in their offices unless called to vote. In the event of a challenge, we may only have 54 Members in the House Gallery, which we hope to accommodate on a rotating basis. My office will be in touch with Members' offices on this opportunity.
Third, face covers must be worn at all times, and Members are requested to follow all other health safety procedures while on the Floor. These procedures are not a suggestion, but a direction made in the interest of keeping the Congress healthy and intact.

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