Diaz-Balart Statement on the Electoral College Vote

Congressman Mario Diaz-Balart (FL-25) issued the following statement after the House voted to certify Electoral College votes.

“This year, we had a very close presidential election where razor-thin majorities in a handful of states determined the outcome. A thriving democracy depends on much more than just elections –it requires trust, transparency, and fairness. All Americans must be absolutely confident, without a shadow of a doubt, that their differences can be resolved at the ballot box, and that they have full say in the selection of their leaders. Unfortunately, to this day, many Americans still do not trust the outcome of the 2020 presidential election.

“The presidential election has concluded, and Joseph R. Biden will be sworn in as the 46th President of the United States on January 20th. Just like the challenges to members of the Electoral College in 2000, 2004, and 2016, the 2020 challenges will not change the outcome of this election. However, I take my oath to support and defend the Constitution very seriously. Article II, Section 1, Clause 2 of the Constitution provides that state legislatures have the sole authority to determine the manner of choosing electors. Yet, in the lead-up to the 2020 presidential election, in several states, many state officials nonetheless changed the presidential election rules and regulations despite lacking the constitutional authority to do so. It is precisely for this reason that I agreed, along with 125 of my colleagues, to join the amicus brief in State of Texas v. Commonwealth of Pennsylvania, brought by 17 states against Georgia, Michigan, Wisconsin, and Pennsylvania. I am gravely concerned about numerous reports of irregularities and last-minute changes that violated basic constitutional requirements in those states and others such as Arizona. The U.S. Supreme Court declined to hear the case and did not address any of the important constitutional questions presented. So now, the responsibility falls to Congress as to whether the electors from these states were “regularly given” and “lawfully certified” under the Electoral Count Act of 1887. For this reason, and after much study and deliberation, I have become convinced that the electors in some states were selected in an unconstitutional manner. I simply cannot vote to uphold a slate of electors under those circumstances.

“I understand full well that we live in extremely polarizing times. That is why I feel it is especially important that we redouble our commitment to the Rule of Law, institutions and customs that have served us well for over 200 years. When we finally put the 2020 election behind us, and the Congress resumes its work on behalf of the American people, these troubling issues must be resolved for future elections so that all Americans can be fully confident in their fairness, and in their outcomes.”

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