Multiple lawsuits over election fraud are preceding through the courts and appeal process. One of the most important is a lawsuit filed in the Supreme Court by Texas Attorney General Ken Paxton yesterday against Pennsylvania, Georgia, Michigan, and Wisconsin seeking to have their state legislatures appoint electors due to widespread election fraud in those states:
The filing, first reported by Joel Pollak at Breitbart, is under a procedure where the U.S. Supreme Court has original jurisdiction in suits between states. That means the lawsuit does not need to be filed in District Court, then work its way through the normal appeals process.
The lawsuit is in the form of a Motion for Leave to File Bill of Complaint. (The Brief in support of the Motion appears starting at page 50 of the pdf. A more complete pdf. with all filings, including the Motion for Preliminary Injunction and a Temporary Restraining Order is available here starting at pg. 111)
The relief sought is a delay of the December 14 statutory deadline for electors to vote, arguing that the Supreme Court has the power to delay that deadline since “[t]he only date that is mandated under the Constitution … is January 20, 2021. U.S. CONST. amend. XX.” The purpose of the delay would be for state legislatures to consider appointing the electors given the unreliability in the way the elections were handled.
This is in line with some commenters here suggesting that January 20 is the only real Constitutional deadline.
I’m not sufficiently familiar with this procedure to opine right now on whether it is proper procedurally…
You and me both!
…but if it works it puts the election squarely in the hands of the Supreme Court. There is no guarantee that if the issue were put to the legislators in these states that they would select Trump electors in the face of certified vote counts showing Biden the winner.
The suit alleges a variety of different constitutional violations in each state, all relating to the loosening of mail-ballot processing rules. Some of the changes were implemented by state and local election officials using the Chinese coronavirus as a pretext; others pre-date the presidential election and COVID.
Texas argues the impact of the rules’ changes was the same in each of these battleground states, saying election officials “flooded their people with unlawful ballot applications and ballots while ignoring statutory requirements as to how they were received, evaluated and counted.”
The requested remedy is the same, as well: toss out all mail-ballot votes and the presidential election results for all four states, which currently show Joe Biden receiving more votes than President Donald Trump.
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.
“Trust in the integrity of our election processes is sacrosanct and binds our citizenry and the States in this Union together,” Paxton said in a press statement. “Georgia, Michigan, Pennsylvania and Wisconsin destroyed that trust and compromised the security and integrity of the 2020 election. 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.”
“Their failure to abide by the rule of law casts a dark shadow of doubt over the outcome of the entire election,” he added. “We now ask that the Supreme Court step in to correct this egregious error.”
My fear is that the very novelty of this lawsuit will work against it. I’m not sure any state has ever filed to alter election results from other states, or that the Supreme Court would grant standing in the lawsuit. But by making it a state suing another state, it makes it a clear Supreme Court case under Article III of the Constitution.
Arkansas Attorney General Leslie Rutledge is also supporting the lawsuit:
AG Rutledge Statement on Recent Texas Motion before U.S. Supreme Court pic.twitter.com/QBrLzKe26P
— Leslie Rutledge (@AGRutledge) December 8, 2020
As is Louisiana Attorney General Jeff Landry.
Indeed, seven states have joined the lawsuit: Louisiana, Arkansas, Alabama, Florida, Kentucky, Mississippi, South Carolina, and South Dakota. It’s quite possible that more have joined by the time you read this.
With the lawsuit to invalidate Pennsylvania’s certification thrown out, the Texas lawsuit may be the best chance to get the Supreme Court to look at the massive election fraud that occurred in Pennsylvania, Georgia, Michigan, and Wisconsin.
Edited to Add: Missouri signs onto the lawsuit.