Texas Sues Four States at SCOTUS for Presidential Election

Dec 8, 2020

Texas Attorney General Ken Paxton filed a lawsuit with the U.S. Supreme Court challenging the election procedures in Georgia, Michigan, Pennsylvania, and Wisconsin on the grounds that they violate the Constitution. AG Paxton is asking the Supreme Court to order the states to allow their legislatures to appoint their electors. 

The lawsuit also proclaims that the states enacted last-minute changes, skewing the results of the 2020 presidential election. 

AG Paxton asserts how the trust of the citizens and the integrity of the 2020 election was compromised because of “voting irregularities” and violations of the statutes by the four states. He believes that the states flooded the citizens with unlawful ballot applications and ballots while ignoring statutory requirements, involving how they were received, evaluated, and counted. 

Paxton argues that these four states violated the Electors Clause of the Constitution because they made changes to voting rules and procedures through the courts or through executive actions, but not through the state legislatures. In the lawsuit, he declares that there were differences in voting rules and procedures in different counties within the states, violating the Constitution’s Equal Protection Clause.

The suit, which says the election “suffered from significant and unconstitutional irregularities,” also claims there were “intrastate differences” in how certain voters were treated and that there was an unconstitutional “relaxation” of ballot-integrity laws. 

The lawsuit declares: “Certain officials in the Defendant States presented the pandemic as the justification for ignoring state laws regarding absentee and mail-in voting. The Defendant States flooded their citizenry with tens of millions of ballot applications and ballots in derogation of statutory controls as to how they are lawfully received, evaluated, and counted. Whether well intentioned or not, these unconstitutional acts had the same uniform effect—they made the 2020 election less secure in the Defendant States. Those changes are inconsistent with relevant state laws and were made by non-legislative entities, without any consent by the state legislatures. The acts of these officials thus directly violated the Constitution.” 

Paxton also argues that the Supreme Court is the only venue to resolve the multi-state dispute. 

“This action against multiple State defendants is the only adequate remedy for Plaintiff States, and this Court is the only court that can accommodate such a suit.” the lawsuit states. 

Liberty Counsel Founder and Chairman Mat Staver stated, “Fair and transparent elections are the foundation of a free society. There are so many irregularities in several states that cast serious doubt on the process. We must ensure that this election follows the law and protects the fundamental right of the people to elect their leaders. This rule of law must be followed. Every legitimate vote must be counted, and every illegitimate vote must be disregarded.” 

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