Texas Suing 4 States

Can a state sue another state? The short answer is yes it can, and the state of Texas is having a go against Georgia, Pennsylvania, Wisconsin and Michigan. It has asked to be heard in the Supreme Court and they have a very well written case that gets right to the heart of the impropriety of the mail in voting.
Anyone who tries to claim that there were no anomalies or impropriety in these 4 states mail in voting, needs to read the allegations contained in the law suit. Texas is challenging the Supreme Court to take action.
The suit starts with a quote
“That form of government which is best contrived to secure an impartial and exact execution of the law, is the best of republics”
John Adams
It then goes straight to the Bill of Complaint
“Our Country stands at an important crossroads.
Either the Constitution matters and must be followed,
even when some officials consider it inconvenient or
out of date, or it is simply a piece of parchment on
display at the National Archives. We ask the Court to
choose the former.”
This is the challenge to the Supreme court where it is challenging them to disregard the constitution!
It goes on with a summery of the situation
“Lawful elections are at the heart of our
constitutional democracy. The public, and indeed the
candidates themselves, have a compelling interest in
ensuring that the selection of a President—any
President—is legitimate. If that trust is lost, the
American Experiment will founder. A dark cloud
hangs over the 2020 Presidential election.
Here is what we know. Using the COVID-19
pandemic as a justification, government officials in
the defendant states of Georgia, Michigan, and
Wisconsin, and the Commonwealth of Pennsylvania
(collectively, “Defendant States”), usurped their
legislatures’ authority and unconstitutionally revised
their state’s election statutes. They accomplished
these statutory revisions through executive fiat or
friendly lawsuits, thereby weakening ballot integrity.
Finally, these same government officials flooded the
Defendant States with millions of ballots to be sent
through the mails, or placed in drop boxes, with little
or no chain of custody and, at the same time,
weakened the strongest security measures protecting
the integrity of the vote—signature verification and
witness requirements.“
“friendly Lawsuits” is saying something. We then get to the action where the Court is being asked to delay the deadline.
This Court is the only forum that can delay the
deadline for the appointment of presidential electors
under 3 U.S.C. §§ 5, 7. 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. Should one of
the two leading candidates receive an absolute
majority of the presidential electors’ votes to be cast
on December 14, this would finalize the selection of
our President. The only date that is mandated under“
Following this is the nature of the action and again a challenge is laid out for the SCOTUS
- Plaintiff State challenges Defendant
States’ administration of the 2020 election under the
Electors Clause of Article II, Section 1, Clause 2, and
the Fourteenth Amendment of the U.S. Constitution. - This case presents a question of law: Did
Defendant States violate the Electors Clause (or, in
the alternative, the Fourteenth Amendment) by
taking—or allowing—non-legislative actions to
change the election rules that would govern the
appointment of presidential electors?
So what are the claims of impropriety?
- Each of Defendant States acted in a
common pattern. State officials, sometimes through
pending litigation (e.g., settling “friendly” suits) and
sometimes unilaterally by executive fiat, announced
new rules for the conduct of the 2020 election that
were inconsistent with existing state statutes defining
what constitutes a lawful vote. - Defendant States also failed to segregate
ballots in a manner that would permit accurate
analysis to determine which ballots were cast in
conformity with the legislatively set rules and which
were not. This is especially true of the mail-in ballots
in these States. By waiving, lowering, and otherwise
failing to follow the state statutory requirements for
signature validation and other processes for ballot
security, the entire body of such ballots is now
constitutionally suspect and may not be legitimately
used to determine allocation of the Defendant States’
presidential electors. - The rampant lawlessness arising out of
Defendant States’ unconstitutional acts is described
in a number of currently pending lawsuits in
Defendant States or in public view including:
• Dozens of witnesses testifying under oath about:
the physical blocking and kicking out of
Republican poll challengers; thousands of the
same ballots run multiple times through
tabulators; mysterious late night dumps of
thousands of ballots at tabulation centers;
illegally backdating thousands of ballots;
signature verification procedures ignored; more
than 173,000 ballots in the Wayne County, MI
center that cannot be tied to a registered voter;2
• Videos of: poll workers erupting in cheers as poll
challengers are removed from vote counting
centers; poll watchers being blocked from entering
vote counting centers—despite even having a
court order to enter; suitcases full of ballots being
pulled out from underneath tables after poll
watchers were told to leave.
• Facts for which no independently verified
reasonable explanation yet exists: On October 1,
2020, in Pennsylvania a laptop and several USB
drives, used to program Pennsylvania’s Dominion
voting machines, were mysteriously stolen from a
warehouse in Philadelphia.
Ouch! But it gets better check out this one
- Expert analysis using a commonly
accepted statistical test further raises serious
questions as to the integrity of this election. - The probability of former Vice President
Biden winning the popular vote in the four Defendant
States—Georgia, Michigan, Pennsylvania, and
Wisconsin—independently given President Trump’s
early lead in those States as of 3 a.m. on November 4,
2020, is less than one in a quadrillion, or 1 in
1,000,000,000,000,000. For former Vice President
Biden to win these four States collectively, the odds of
that event happening decrease to less than one in a
quadrillion to the fourth power (i.e., 1 in
1,000,000,000,000,0004)
- Put simply, there is substantial reason to
doubt the voting results in the Defendant States. - By purporting to waive or otherwise
modify the existing state law in a manner that was
wholly ultra vires and not adopted by each state’s
legislature, Defendant States violated not only the
Electors Clause, U.S. CONST. art. II, § 1, cl. 2, but also
the Elections Clause, id. art. I, § 4 (to the extent that
the Article I Elections Clause textually applies to the
Article II process of selecting presidential electors).
- The number of absentee and mail-in
ballots that have been handled unconstitutionally in
Defendant States greatly exceeds the difference
between the vote totals of the two candidates for
President of the United States in each Defendant
State. - In addition to injunctive relief for this
election, Plaintiff State seeks declaratory relief for all
presidential elections in the future. This problem is
clearly capable of repetition yet evading review. The
integrity of our constitutional democracy requires
that states conduct presidential elections in
accordance with the rule of law and federal
constitutional guarantees.
So will SCOTUS accept the challenge? we now get into FACTS
- The use of absentee and mail-in ballots
skyrocketed in 2020, not only as a public-health
response to the COVID-19 pandemic but also at the
urging of mail-in voting’s proponents, and most
especially executive branch officials in Defendant
States. According to the Pew Research Center, in the
2020 general election, a record number of votes—
about 65 million—were cast via mail compared to 33.5
million mail-in ballots cast in the 2016 general
election—an increase of more than 94 percent.
The lawsuit then highlights bi-partisan concernes with the security of mail in ballots. Very Clever.
- Concern over the use of mail-in ballots is
not novel to the modern era, Dustin Waters, Mail-in
Ballots Were Part of a Plot to Deny Lincoln Reelection
in 1864, WASH. POST (Aug. 22, 2020),3 but it remains a
current concern. Crawford v. Marion Cty. Election
Bd., 553 U.S. 181, 194-96 & n.11 (2008); see also Texas
Office of the Attorney General, AG Paxton Announces
Joint Prosecution of Gregg County Organized Election
Fraud in Mail-In Balloting Scheme (Sept. 24, 2020);
Harriet Alexander & Ariel Zilber, Minneapolis police
opens investigation into reports that Ilhan Omar’s
supporters illegally harvested Democrat ballots in
Minnesota, DAILY MAIL, Sept. 28, 2020.
The case goes on with specifics for each of the States. Firstly we have Pennsylvania
- Pennsylvania has 20 electoral votes,
with a statewide vote tally currently estimated at
3,363,951 for President Trump and 3,445,548 for
former Vice President Biden, a margin of 81,597 votes. - The number of votes affected by the
various constitutional violations exceeds the margin
of votes separating the candidates. - Pennsylvania’s Secretary of State, Kathy
Boockvar, without legislative approval, unilaterally
abrogated several Pennsylvania statutes requiring
signature verification for absentee or mail-in ballots.
Pennsylvania’s legislature has not ratified these
changes, and the legislation did not include a
severability clause.
- On August 7, 2020, the League of Women
Voters of Pennsylvania and others filed a complaint
against Secretary Boockvar and other local election
officials, seeking “a declaratory judgment that
Pennsylvania existing signature verification
procedures for mail-in voting” were unlawful for a
number of reasons.
What did the state do? they settled quickly
- The Pennsylvania Department of State
quickly settled with the plaintiffs, issuing revised
guidance on September 11, 2020, stating in relevant
part: “The Pennsylvania Election Code does not
authorize the county board of elections to set aside
returned absentee or mail-in ballots based solely on
signature analysis by the county board of elections.”
- This guidance is contrary to
Pennsylvania law. First, Pennsylvania Election Code
mandates that, for non-disabled and non-military
voters, all applications for an absentee or mail-in
ballot “shall be signed by the applicant.” 25 PA. STAT.
§§ 3146.2(d) & 3150.12(c). Second, Pennsylvania’s
voter signature verification requirements are
expressly set forth at 25
“Shall” means it is required and there is no discretion.
But wait there is more!
- The Pennsylvania Department of State’s
guidance unconstitutionally did away with
Pennsylvania’s statutory signature verification
requirements. Approximately 70 percent of the
requests for absentee ballots were from Democrats
and 25 percent from Republicans. Thus, this
unconstitutional abrogation of state election law
greatly inured to former Vice President Biden’s
benefit. - In addition, in 2019, Pennsylvania’s
legislature enacted bipartisan election reforms, 2019
Pa. Legis. Serv. Act 2019-77, that set inter alia a
deadline of 8:00 p.m. on election day for a county
board of elections to receive a mail-in ballot
- In addition, a great number of ballots
were received after the statutory deadline and yet
were counted by virtue of the fact that Pennsylvania
did not segregate all ballots received after 8:00 pm on
November 3, 2020. Boockvar’s claim that only about
10,000 ballots were received after this deadline has no
way of being proven since Pennsylvania broke its
promise to the Court to segregate ballots and comingled perhaps tens, or even hundreds of thousands, of illegal late ballots.
Is the SCOTUS going to let the officials just ignore ruling?
- On December 4, 2020, fifteen members of
the Pennsylvania House of Representatives led by
Rep. Francis X. Ryan issued a report to Congressman
Scott Perry (the “Ryan Report,” App. 139a-144a)
stating that “[t]he general election of 2020 in
Pennsylvania was fraught with inconsistencies,
documented irregularities and improprieties
associated with mail-in balloting, pre-canvassing, and
canvassing that the reliability of the mail-in votes in
the Commonwealth of Pennsylvania is impossible to
rely upon.”
- The Ryan Report’s findings are startling,
including:
• Ballots with NO MAILED date. That total is
9,005.
• Ballots Returned on or BEFORE the Mailed
Date. That total is 58,221.
• Ballots Returned one day after Mailed Date.
That total is 51,200.
Id. 143a. - These nonsensical numbers alone total
118,426 ballots and exceed Mr. Biden’s margin of
81,660 votes over President Trump. But these
discrepancies pale in comparison to the discrepancies
in Pennsylvania’s reported data concerning the
number of mail-in ballots distributed to the
populace—now with no longer subject to legislated
mandated signature verification requirements.
and so finishing off with Pennsylvania the suit claims
- According to the U.S. Election
Assistance Commission’s report to Congress Election
Administration and Voting Survey: 2016
Comprehensive Report, in 2016 Pennsylvania received
266,208 mail-in ballots; 2,534 of them were rejected
(.95%). Id. at p. 24. However, in 2020, Pennsylvania
received more than 10 times the number of mail-in
ballots compared to 2016. As explained supra, this
20
much larger volume of mail-in ballots was treated in
an unconstitutionally modified manner that included:
(1) doing away with the Pennsylvania’s signature
verification requirements; (2) extending that deadline
to three days after Election Day and adopting a
presumption that even non-postmarked ballots were
presumptively timely; and (3) blocking poll watchers
in Philadelphia and Allegheny Counties in violation of
State law.
In the Next installment we will look at the case against Georgia
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