Sen. Cruz: We Have an Obligation To the Constitution To Ensure That This Election Was Lawful
Appears on Sunday Morning Futures with Maria Bartiromo to discuss his call for an 'Electoral Commission' to conduct an emergency audit of election results
January 3, 2021
HOUSTON, Texas - U.S. Sen. Ted Cruz (R-Texas), today appeared on Fox News' ‘Sunday Morning Futures' to discuss his efforts to restore Americans' faith in our electoral process and protect our democracy by calling on Congress to create an Electoral Commission to conduct an emergency audit of the Presidential election returns. Watch Sen. Cruz's full interview with Maria Bartiromo here. Key excerpts are included below.
WATCH: Cruz on Fox News: We Have an Obligation To the Voters To Ensure This Election Was Lawful
On the need for an Electoral Commission to conduct an emergency audit of the election results in disputed states, Sen. Cruz said:
"We went into this election with the country deeply divided [and] deeply polarized. And we've seen in the last two months unprecedented allegations of voter fraud. And that's produced a deep, deep distrust of our democratic process across the country. I think we in Congress have an obligation to do something about that. We have an obligation to protect the integrity of the democratic system. And so, this past week I spent writing out [a] position and assembling a group ultimately of 11 senators that we put out yesterday that we will together object to certification in order to force the appointment of an emergency Electoral Commission to perform an emergency audit of the election results [and] to assess these claims of fraud. I think we can do that. We can do it promptly. We can do it in 10 days before the inauguration, but I think we have an obligation to the voters and we have an obligation to the Constitution to ensure that this election was lawful."
On the obligation of Congress to thoroughly investigate claims of voter fraud before certifying the election returns, Sen. Cruz added:
"We have an independent obligation to the Constitution. We have an independent obligation to the rule of law. Look, we've got a vote on January 6 on certification, and every member of Congress faces a dilemma, frankly two pretty lousy choices. One, we can vote to certify [and] not consider any objections. If we do that, that will be heard by a lot of Americans as saying, ‘We don't think voter fraud is a real concern. We don't think these claims should be investigated thoroughly.' I know that's not what most of us believe. But secondly, and I think all of us rightly don't want to be in a position where we're suggesting setting aside the results of an election, just because the candidate that we supported didn't happen to prevail. That's not a principled constitutional position. That's why when in assembling this group of 11 senators, I was looking for a third option. An option that was really moored in the law."
READ: Sen. Cruz Urges U.S. Supreme Court to Hear Emergency Appeal on Pennsylvania Election Challenge
On the historical precedent for Congress to establish an Electoral Commission, Sen. Cruz said:
"I went back and looked at the historical precedents. I think the strongest precedent is the presidential election of 1876, Hayes versus Tilden. In that election, there were serious allegations of fraud in three different states: Florida, Louisiana, and South Carolina. What did Congress do in 1876? They didn't throw up their hands and say, ‘Well gosh, we've got allegations of fraud but we can't do anything about it. We've just got to certify.' No. They didn't do that. What they did instead is they appointed a commission - an Electoral Commission - [which] consisted of five House members, five Senators, [and] five Supreme Court justices. They considered evidence [and] they examined the ballots and they made a determination based upon what the disputed ballots and what the outcome should be. What I'm arguing for is Congress ought to do the same thing. We ought to have a fair inquiry, a fair audit into these results, and we ought to resolve these claims - not just dismiss them out of hand."
On the importance of restoring trust in our democratic system, Sen. Cruz said:
"Thirty-nine percent of Americans think ‘the election was rigged,' and that includes 17 percent of Democrats [and] 31 percent of Independents. That's bad for our democracy. That's bad for the legitimacy of any subsequent presidential elections. Dismissing these claims I think does real violence to our democratic system. We ought to have a serious, fair process and tribunal to consider these claims. Consider them quickly [and] consider them expeditiously - we can do it in 10 days before the inauguration. I think that would take major steps towards re-establishing trust in our democratic process. And I believe that should be a bipartisan objective. We may be too divided today for that to happen. But Democrats should be interested in Americans having confidence in our electoral system just as much as Republicans should be."
Read more about Sen. Cruz's efforts to establish an "Electoral Commission" to ensure that the election was lawfully conducted under the Constitution here.
Here's what news outlets are saying about Sen. Cruz's efforts to protect the democratic process:
Fox News: GOP senators, led by Cruz, to object to Electoral College certification, demand emergency audit
"A group of GOP senators led by Sen. Ted Cruz, R-Texas, will object to the Jan. 6 certification of the presidential election results next week unless there is an emergency 10-day audit of the results by an electoral commission. Cruz and the other senators claim the Nov. 3 election ‘featured unprecedented allegations of voter fraud and illegal conduct.' Joining Cruz are Sens. Ron Johnson, R-Wis.; James Lankford, R-Okla.; Steve Daines, R-Mont.; John Kennedy, R-La.; Marsha Blackburn, R-Tenn., and Mike Braun, R-Ind.; as well as Sens.-elect Cynthia Lummis, R-Wyo.; Roger Marshall, R-Kansas; Bill Hagerty, R-Tenn., and Tommy Tuberville, R-Ala."
Axios: Multiple senators - led by Ted Cruz - also planning to object to election certification
"A growing number of Republican senators - led by Ted Cruz - are set to announce today they also will object to certifying state Electoral College votes on Wednesday, congressional sources familiar with their conversations tell Axios. Why it matters: Senate Majority Leader Mitch McConnell had hoped to avoid the spectacle of his party leading a last-ditch effort to prevent Joe Biden from being declared the 2020 election winner, but Josh Hawley of Missouri said he would raise a general objection and now other Republican senators plan to air more specific grievances."
The Blaze: Ted Cruz leads GOP effort to refuse Electoral College certification, demands ‘emergency audit' of results
"Nearly a dozen Senate Republicans, led by Sen. Ted Cruz (R-Texas), announced Saturday they will object to the Electoral College certification of Joe Biden's 2020 presidential election victory when Congress meets in a joint-session on Jan. 6. ‘Voter fraud has posed a persistent challenge in our elections, although its breadth and scope are disputed. By any measure, the allegations of fraud and irregularities in the 2020 election exceed any in our lifetimes,' the Republicans explained in a statement."
Bloomberg: Cruz Set to Lead Group of GOP Senators in Opposing Certification
"Instead, Senator Ted Cruz of Texas plans to call for a delay of certification, and a 10-day investigation into accusations of wrongdoing, which have been stoked by Trump but repeatedly dismissed in court, the people said. Trump has yet to provide evidence of widespread voter fraud, as have members of his administration including Attorney General William Barr, who stepped down before Christmas. Cruz's call for an investigation and an unprecedented delay in formally certifying President-elect Joe Biden's win is seen as a condition that's all but certain to not be met, the people said. Cruz is poised to then oppose certification. Still, several other senators are in talks to follow Cruz, they added."