Arizona U.S. Rep. Debbie Lesko (D) said in a Dec. 23 article on Newsmax that the federal Supreme Court should clarify whether the four swing states prosecuted by Texas are complying with the Constitution. She cited alleged violations of the law in the four states and said that to undermine free and fair elections is to destabilize America.
Lesko opened her article by saying that 126 Republican members of Congress, including herself, asked the federal Supreme Court in an amicus curiaebrief whether the four swing states (Georgia, Pennsylvania, Wisconsin and Michigan) prosecuted by Texas in the 2020 election complied with the Constitution.
Lesko said the question is important and needs to be answered, and is important for this year and all future elections.
On the evening of Dec. 7, Texas Attorney General Ken Paxton filed a lawsuit in the federal Supreme Court alleging that the four states had unconstitutionally changed their election laws, resulting in massive election irregularities. The Supreme Court declined to hear the lawsuit on Dec. 11.
The Texas attorney general later issued a statement saying that unfortunately, the Supreme Court decided not to take the case and did not determine whether the four states were constitutional.
In the article, Lesko said the U.S. Constitution clearly states that each state’s electoral college must be appointed in accordance with statutes enacted by the state legislature, meaning that it should be state law that determines how presidential elections are conducted in each state.
“But in the 2020 presidential election, it seems that at least in the four states mentioned above, they are not acting in accordance with the U.S. Constitution.” Lesko said she then cited alleged violations of the law in the four aforementioned states.
“In Georgia, state law requires that mail-in ballots not be counted until after the polls open on Election Day, but the Georgia State Board of Elections, not the General Assembly, allowed mail-in ballots to be counted nearly three weeks before Election Day, in clear violation of state law and the Constitution.
“In Pennsylvania, state law sets the deadline for county boards of elections to receive mail-in ballots at 8 p.m. on Election Day. And the state judge violated state law by extending the deadline for receiving mail-in ballots to the third day after Election Day without the approval of the General Assembly.
“In addition, the Pennsylvania Secretary of State violated state law and the Constitution by removing the provision in state law that ‘applications for mail-in ballots by non-disabled and non-military voters must be signed by the petitioner.
“In Michigan, state law requires that a voter apply for a vote-by-mail ballot and provide a signature, and that the application process be discreet and secure. But the state’s Secretary of State violated state law and the Constitution by creating a new website for requesting mail-in ballots.
“In Wisconsin, state law prohibits the use of unsupervised ballot boxes. But the state Board of Elections and other local officials have created hundreds of ballot boxes for mail-in ballots, some of which are unsupervised, without the approval of the Legislature. Such conduct is unconstitutional.”
“The amicus brief concludes, “Our constitutional republic has been in place for nearly 250 years with the approval of the American people, and that approval is based on their confidence in the legitimacy of our system of government. A free and fair electoral system is the most important institution upon which our Republic rests. Anything that undermines this founding principle is undermining the stability of our republic.”
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