The state of Texas has filed a lawsuit agaisnt four battleground states saying their loose election rules disenfranchises voters in the Lone Star State because they are fraught with fraud. Texas took the lawsuit directly to the Supreme Court saying those states violated the Elector’s Clause.
“The 2020 election suffered from significant and unconstitutional irregularities,” the case says.
Texas argues that these 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. Additionally, Texas argues that there were differences in voting rules and procedures in different counties within the states, violating the Constitution’s Equal Protection Clause. Finally, Texas argues that there were “voting irregularities” in these states as a result of the above.
Texas is asking the Supreme Court to order the states to allow their legislatures to appoint their electors. The lawsuit says:
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.
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This case presents a question of law: Did the Defendant States violate the Electors Clause by taking non-legislative actions to change the election rules that would govern the appointment of presidential electors? These non-legislative changes to the Defendant States’ election laws facilitated the casting and counting of ballots in violation of state law, which, in turn, violated the Electors Clause of Article II, Section 1, Clause 2 of the U.S. Constitution. By these unlawful acts, the Defendant States have not only tainted the integrity of their own citizens’ vote, but their actions have also debased the votes of citizens in Plaintiff State and other States that remained loyal to the Constitution.
From the Texas SCOTUS lawsuit:
Even though there were more requests for mail in ballots in Georgia in 2020 than 2016, the rejection rate was 17 TIMES higher in 2016 than 2020.
With the same rejection rate in 2020, President Trump would gain 25,587 votes. pic.twitter.com/5Nm16ud5m7
— LifeNews.com (@LifeNewsHQ) December 9, 2020
The lawsuit comes as the Supreme Court is weighing an election challenge from Pennsylvania.
Congressman Mike Kelly and Congressional candidate Sean Parnell filed a lawsuit two weeks ago to challenge the legality of mail-in ballots and the plaintiffs insist millions of mail-in ballots are not allowed by the state constitution. Now the U.S. Supreme Court has become involved and is requiring state officials to file legal briefs by tomorrow.
Supreme Court Justice Samuel Alito is overseeing that appeal and appears to be interested in taking up the case. Alito moved the deadline from Dec. 9 to Dec. 8 to meet the “safe harbor” deadline.
Texas Senator Red Cruz says he would present oral arguments if their election fraud lawsuit appears in front of the nation’s highest court.