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Texas Asks Supreme Court to Rule Election in Four Battleground States Unconstitutional

Ivan Pentchoukov

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12-8-20

The state of Texas on Tuesday filed an election lawsuit in the U.S. Supreme Court against Pennsylvania, Georgia, Michigan, and Wisconsin, alleging that the states unconstitutionally changed election laws, treated voters unequally, and triggered significant voting irregularities by relaxing ballot-integrity measures.

“Trust in the integrity of our election processes is sacrosanct and binds our citizenry and the States in this Union together. Georgia, Michigan, Pennsylvania, and Wisconsin destroyed that trust and compromised the security and integrity of the 2020 election,” Texas Attorney General Ken Paxton said in a statement.

“The states violated statutes enacted by their duly elected legislatures, thereby violating the Constitution. By ignoring both state and federal law, these states have not only tainted the integrity of their own citizens’ vote, but of Texas and every other state that held lawful elections,” he added. “Their failure to abide by the rule of law casts a dark shadow of doubt over the outcome of the entire election. We now ask that the Supreme Court step in to correct this egregious error.”

Pennsylvania Attorney General Josh Shapiro called the lawsuit a “meritless” and “beyond reckless” attack on “our free and fair election system.”

“They are a scheme by the President of the United States and some in the Republican party to disregard the will of the people–and name their own victors,” Shapiro said on Twitter. “This isn’t a pick your own ending novel — this is a Democracy.”

“The motion filed by the Texas Attorney General is a publicity stunt, not a serious legal pleading,” Michigan Attorney General Dana Nessel said in a statement.

“Texas is as likely to change the outcome of the Ice Bowl as it is to overturn the will of Wisconsin voters in the 2020 presidential election,” Wisconsin Attorney General Josh Kaul wrote on Twitter.

“With all due respect, Texas Attorney General is constitutionally, legally and factually wrong about Georgia,” Katie Byrd, the communications director for Georgia Attorney General Chris Carr, said in an email to The Epoch Times.

The lawsuit seeks a determination by the court that the four battleground states conducted the 2020 election in violation of the Constitution. Texas is asking the Supreme Court to prohibit the counting of the Electoral College votes cast by the four states. For the defendants which have already appointed electors, the lawsuit asks the court to direct the state legislatures to appoint new electors in line with the Constitution.

“Plaintiff State respectfully submits that the foregoing types of electoral irregularities exceed the hanging-chad saga of the 2000 election in their degree of departure from both state and federal law,” the Supreme Court motion (pdf) states. “Moreover, these flaws cumulatively preclude knowing who legitimately won the 2020 election and threaten to cloud all future elections.”

Paxton filed the challenge on the day of the so-called safe-harbor deadline, six days before states are due to certify their electors. The plaintiff is asking the Supreme Court to extend the certification deadline.

“To safeguard public legitimacy at this unprecedented moment and restore public trust in the presidential election, this Court should extend the December 14, 2020 deadline for Defendant States’ certification of presidential electors to allow these investigations to be completed,” the court filing states.

 

 

 Pro-President Donald Trump protesters rally against the results of the presidential election outside the Georgia State Capitol in Atlanta, Ga., on Nov. 18, 2020. (Elijah Nouvelage/Getty Images)

 

 

The Trump campaign and third-party groups have pending legal challenges in all of the states, but to date, only a lawsuit brought by Pennsylvania Republicans has escalated to the nation’s highest court. Supreme Court Justice Samuel Alito ordered briefs for that case to be submitted by Tuesday morning, signaling that a decision on a temporary restraining order is imminent.

The primary argument by the plaintiff centers on the enactment of election laws, rules, and procedures in the four states which allegedly breached the Constitution’s divestment of the power to appoint electors to state legislatures.

For example, the secretaries of state in Pennsylvania and Georgia “abrogated” state statutes requiring “signature verification for absentee or mail-in ballots,” the lawsuit states.

In Wisconsin, the state’s election commission “and other local officials unconstitutionally modified Wisconsin election laws—each time taking steps that weakened, or did away with, established security procedures” established “to ensure absentee ballot integrity.” The Wisconsin Election Commission, for example, undertook a campaign to set up ballot drop boxes throughout the states, including unmanned ones.

A number of Republican attorneys general offices did not respond when asked if they are planning to join the lawsuit. The Office of the Attorney General in South Dakota told The Epoch Times they are “aware of the filing” but have not yet received the case.

“Once received our Appellate division will be reviewing the case and discussions will be had between the AG and the appellate division regarding what direction the state will take,” a spokesperson for the office said in an email.

Zachary Stieber contributed to this report.

https://www.theepochtimes.com/texas-files-supreme-court-election-lawsuit-against-four-battleground-states_3609460.html?utm_source=newsnoe&utm_medium=email&utm_campaign=breaking-2020-12-08-1