On December 27, 2020, Gohmert filed a federal lawsuit against Vice President Mike Pence in the United States District Court for the Eastern District of Texas, in an attempt to overturn the 2020 United States presidential election result of a Joe Biden victory over Donald Trump. Gohmert's lawsuit alleged that the Electoral Count Act of 1887 was unconstitutional, seeking to grant the Vice President the power to reject state-certified presidential electors in favour of "competing slates of electors". Gohmert was joined in his lawsuit by 11 Arizonian Republicans who would have become presidential electors had Trump actually won Arizona. The United States Department of Justice represented Pence in this case, and argued for its dismissal.