In the new lawsuit against Pence, filed on Tuesday, the plaintiffs said they tried to resolve the issue without litigation by reaching out to Pence but failed to enlist his support.
"In the teleconference, Plaintiffs' counsel made a meaningful attempt to resolve the underlying legal issues by agreement, including advising the Vice President's counsel that Plaintiffs intended to seek immediate injunctive relief in the event the parties did not agree. Those discussions were not successful in reaching an agreement and this lawsuit was filed," the filing read.
Had Pence agreed to join the effort, he would have been able to prevent Congress from counting the pro-Biden votes of electors in such states as Arizona and Pennsylvania. As it is, under a 1887 law, the vice president's role at the upcoming Congress meeting to certify the president-elect's victory is merely ceremonial.
On Monday, Gohmert and 11 electors from the Arizona state, all members of the Republican Party, filed a suit with the court in which they argued that Pence should be the sole authority to determine the electors whose votes will be taken into account by Congress when it meets to certify Biden's victory on 6 January.
According to official results, Biden collected 306 electoral votes as opposed to 232 votes cast for incumbent US President Donald Trump. The latter has not recognized his defeat, but consented to launching the power transition. Trump's mandate expires on 20 January.
