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On Monday, the great state of Texas filed a lawsuit with the U.S. Supreme Court alleging that pre-election changes made to voting rules and procedures in several battleground states were unconstitutional.
Texas officials allege that the changes – most, but not all, of which were COVID-19-related – implemented by executive-level officials and state courts were violations of law and the Constitution because they changed established election laws in each of the states; the Constitution provides that only state legislatures can change election laws and rules.
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In addition, the suit alleges that there were differences in rules and procedures for voters in different counties in some of the states, which Texas claims is a violation of the 14th Amendment’s Equal Protection clause.
Texas officials go on to argue that because changes to rules were made on the state executive level and in-state courts, they created “voting irregularities” that tainted the final results.
And the relief sought? Texas wants the Supreme Court to order that the legislatures of Michigan, Georgia, Pennsylvania, and Wisconsin must select the presidential electors rather than relying on the final vote tally (all of which went for Joe Biden) because the manner in which they were arrived at was illegal.
“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,” the lawsuit says.
“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 suit continues. “The acts of these officials thus directly violated the Constitution.
“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?” the suit asks.
Several other states believe Texas is onto something. On Wednesday three more – Missouri, Arkansas, and Louisiana – all enjoined the lawsuit.
“Election integrity is central to our republic. And I will defend it at every turn. As I have in other cases – I will help lead the effort in support of Texas’ #SCOTUS filing today. Missouri is in the fight,” wrote state Attorney General Eric Schmitt.
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“These elections in other states where state law was not followed … affects my voters because these are national elections, and so if there are fraudulent things or things that affect an election and state law is not followed as is required by the Constitution it affects our state,” Texas Attorney General Ken Paxton told Fox & Friends Wednesday.
“We can’t go back and fix it, but we can say, OK, let’s transfer this to the legislature … and let them decide the outcome of the election. That would be a valid constitutional situation,” he added.
