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Wagner Statement on the Electoral College Certification Vote

Jan 4, 2021
Press Release

Washington, D.C.  - Congresswoman Ann Wagner (MO-02) released the following statement on the Electoral College Certification vote:

“On January 3, 2021, I took a solemn oath before God and Country to, ‘support and defend the Constitution of the United States.’  I have faith in our nation’s legal process, believe in the rule of law, and will always uphold that oath to support and defend the Constitution.

“Article II of the Constitution and the 12th Amendment are clear. The power to elect the President of the United States lies with the States and the People, not Congress.  Specifically each State ‘shall appoint, in such Manner as the (State) Legislature thereof may direct, a Number of Electors’ and ‘the person having the greatest number of votes for President, shall be the President.’ It is time for Congress to count the electoral votes from each State and fulfill our Constitutional duty.

“I cannot and will not unconstitutionally insert Congress into the Presidential election in this manner.  This would amount to stealing power from the People and the States.  It would, in effect, replace the Electoral College with Congress, and strengthen the efforts of those who are determined to eliminate it or render it irrelevant.

“At this point, all States have certified their election results and electors and alleged irregularities have been taken to State and Federal court over five dozen times and rejected, even by judges appointed by President Trump.

“I even signed on to an amicus brief to the Supreme Court of the United States asking the Justices to examine the election changes made by several States and determine if they went beyond the scope of the Constitution’s State legislative requirements. The Supreme Court made a ruling and rejected the merits of our filing in an exceptionally expeditious manner.

“Although some States needlessly injected controversy into this year’s election by making last minute ballot changes and casting doubt over the management and integrity of their election process, that controversy must be decided either by the States themselves, or the Supreme Court.  Both avenues have been tried, the legal process followed, and with that comes a finality that Congress and our nation must respect. 

“While I may not like the outcome of the election, that does not mean I can, nor should I, try to usurp the powers of the individual States of our republic. To allow Congress to alter the decided outcome of the election would irreparably damage our system of government and defy the Constitution. It is for these reasons I will not support any objection to the certification of electoral college results.”