Johnson Statement on Counting of Electoral College Votes

January 6, 2021
Press Release

Washington, D.C. – U.S. Representative Dusty Johnson (R-S.D.) issued a statement amid the U.S. House and Senate counting of the Electoral College votes. Johnson will vote to uphold the election results that were certified, recounted, and audited from various states across the nation.

“Like many South Dakotans, I am frustrated with how certain states handle their elections, and in the weeks following the 2020 election, I supported the president’s right to his day in court. Those legal challenges were filed in dozens of state and federal courts, but failed to overturn any votes.

“The Constitution is more important than my personal political views or my political popularity. There is no constitutional basis for Congress to substitute its judgement for that of the states and courts. There is only one sentence in the Constitution that addresses Congress’s role on Jan 6. It states:

“The President of the Senate shall, in the presence of the Senate and House of Representatives, open all the certificates, and the votes shall then be counted.”

“The only person performing an official act is the President of the Senate, who counts the votes. Other than being present, there is no constitutional role for Congress. Congress is instructed to act as witness, not judge. I cannot seize powers not legally provided to me. That is tyranny.

“Our state would raise hell if the Nancy Pelosi-controlled House overturned South Dakota’s election results for President Trump. Our founders knew well the grave risks associated with concentrating power in Washington, D.C., especially the power to select our president. They placed that power with the states, and just as I would resolutely defend the results of South Dakota’s elections from federal interference, I cannot overturn the legally-certified election results of another state and its voters.”

Johnson invites South Dakotans to hear from him directly during a Thursday night Telephone Town Hall at 7pm CT/6pm MT. Dial 833-946-1543 to join the call. Click here to hear Johnson’s full statement.