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U.S. Supreme Court and Texas' Election Integrity Challenge

U.S. Supreme Court and Texas' Election Integrity Challenge
Posted: Dec 9, 2020
Categories: Committees
Comments: 0
Author: Besa Martin

By the NFRW Election Integrity Committee, Besa Martin, Chair

What?
Texas sued Pennsylvania, Georgia, Michigan and Wisconsin.

How?
The Supreme Court has Original Jurisdiction over disputes between states. The argument from Texas is simply 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?

How is Texas harmed?
The states 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.

What are the basic statements to allow the Supreme Court to decide this?
Texas is asking the Supreme Court to Enforce the Constitution. Pennsylvania, Georgia, Michigan and Wisconsin changed the election rules in their states by executive orders. Texas argues under previous Supreme Court decisions: Executive branch government officials cannot overthrow constitutional requirements in selecting electors, no matter their stated intent. For presidential elections, each State must appoint its Electors to the Electoral College in a manner that complies with the Constitution, specifically the Electors Clause requirement that only state legislatures may set the rules governing the appointment.

Why is this important?
The citizens of Plaintiff State have the right to demand that all other States abide by the constitutionally set rules in appointing Presidential Electors to the Electoral College. “No right is more precious in a free country than that of having a voice in the election of those who make the laws under which, as good citizens, we must live. Other rights, even the most basic, are illusory if the right to vote is undermined.”

What is Texas asking the Supreme Court to do?
Set aside unconstitutional elections in Pennsylvania, Georgia, Michigan and Wisconsin. Have the legislatures in those states select the Electors for the Electoral College.

How will it impact the Presidential Election if Texas wins the suit?
The Legislatures in Pennsylvania, Georgia, Michigan and Wisconsin will be the decision makers for 2020 Election.

 

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