The State of Texas filed a lawsuit directly with the U.S. Supreme Court shortly before midnight on Monday challenging the election procedures in Georgia, Michigan, Pennsylvania, and Wisconsin on the grounds that they violate the Constitution.
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.
Texas approached the Supreme Court directly because Article III provides that it is the court of first impression on subjects where it has original jurisdiction, such as disputes between two or more states.
Franklin Graham – “URGENT PRAYER REQUEST— The State of Texas has filed an election integrity lawsuit against the Commonwealth of Pennsylvania and the States of Georgia, Michigan, and Wisconsin. The suit, filed in the Supreme Court of the United States, asserts that these four states conducted their presidential elections on November 3rd in an unconstitutional manner. Texas is seeking an injunction to prevent these four states from participating in the Electoral College next Monday, December 14, until claims of election irregularities and fraud can be resolved. If an injunction is not issued, the presidential election will end next Monday. Without an injunction, even if massive election fraud came out and was proven later, it would simply be too late due to the process for the selection of the President outlined in the US Constitution.
Join me in praying that if there is fraud, it would be proven—for the good of our nation and all future elections. Forces of evil are at work, and we know how much is at stake. Pray for God’s will to be done in the outcome of this important election. Please pray—the only hope for our country is God.“
