Ray Smith, lead attorney for the Trump campaign in Georgia, announced Thursday before the Georgia State Senate Judiciary Subcommittee that the campaign will be filing a petition to contest the results of the 2020 presidential election.
Smith said that the court filing will call for a new election in the state, before going on to call on Georgia lawmakers to choose their state’s electors themselves.
“Because of irregularities and abject failure of the secretary of state of this state and the counties to properly conduct of the election it is impossible — impossible — to certify the results of the 2020 presidential election,” Smith said. He then noted that a typical remedy for such a problem would be to have a new election.
“That would certainly be a possible remedy in the instance and we are asking the court to order a new election,” he continued. “However, because the presidential election is actually a delegation of your constitutional duties as a legislature, you as a Georgia legislature are the body that is to choose the presidential electors.”
Smith gave a preview of what was to come at Thursday afternoon’s hearing, saying witnesses will describe various instances of violations of Georgia’s election code.
When the state election code is “ignored and wholly disregarded,” Smith said, “the legislature cannot rely on the results of that flawed process.” He said federal law covers such a situation, allowing a state legislature to direct how the electors should be selected if there is no decision made as a result of the election.