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‘There are no do-overs’: Sen. Fischer to vote in support of Electoral College count

Sen. Deb Fischer, R-Neb.
Sen. Deb Fischer, R-Neb.(Associated Press)
Published: Jan. 5, 2021 at 5:02 PM CST
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OMAHA, Neb. (WOWT) - Nebraska’s senior senator on Tuesday shared her plans to vote in favor of certifying the Electoral College votes to elect Joe Biden president.

Confirming her intentions to back the 2020 count that gave Biden a 306-232 victory over President Trump last month, Sen. Deb Fischer said in a statement that in doing so, “I will uphold my oath.”

Her stated remarks were in step with other Nebraska Republican leaders, including Gov. Pete Ricketts and Sen. Ben Sasse, who called for scrutiny of the election process. Fischer said she, too, supported an investigation into what she called “potential voter irregularities” and said “states should do more to secure their election procedures.”

But while Sasse took aim last week at GOP efforts to organize a large-scale objection to the results during Wednesday’s scheduled joint session of Congress, Fischer’s comments put Trump’s lawyers in the hot seat.

“The president’s legal team failed to make the case in court to any judge, including some by appointed by President Trump” that widespread voter fraud existed to the extent that it would overturn the results in any state. “Notably, many of the arguments proffered by the legal team on television were not made in the courtroom, in part or at all,” she said.

Rep. Adrian Smith, Nebraska’s 3rd District Congressman, also called for an investigation but said he would be among those objecting to the certification.

Congressmen Don Bacon and Jeff Fortenberry have not publicly stated what decision they will make on Wednesday afternoon, though both have congratulated President-elect Biden on his victory.

Read the senator’s full statement

“Like many Nebraskans, I voted for Donald Trump – twice. I campaigned for him and worked closely with him on many significant accomplishments that have made our country more secure and more prosperous. I also share the concern of many Nebraskans about potential voting irregularities. Should there be investigations? Yes. Should states do more to secure their election procedures? Yes. We must have greater confidence that our elections are secure.

“However, the president’s legal team failed to make the case in court to any judge, including some appointed by President Trump, or to criminal investigators, that widespread voter fraud existed sufficient to overturn election results in any state. Notably, many of the arguments proffered by the legal team on television were not made in the courtroom, in part or at all. Unsubstantiated claims of voter fraud are not enough to discard the election results of states where I may not like the outcome.

“There are no do-overs; if a state’s results are not counted tomorrow, millions of voters across the country will be disenfranchised. Such an extreme action should only be taken with proof of widespread malfeasance. No such proof has been presented. Therefore, it would not be proper for Congress, an inherently political body, to substitute its judgment for the will of the people or for that of states that certified their results.

“As a United States Senator, I swore an oath to support and defend the Constitution. I will uphold my oath and vote to affirm the decision of the Electoral College. May God bless our great republic, and may He grant us the strength to unite in moving forward for the good of the nation.”

KOLN 10/11 Now contributed to this report.

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