Texas Attorney General Ken Paxton says he is suing Georgia, Michigan, Pennsylvania and Wisconsin before the U.S. Supreme Court to protect the integrity of elections and follow the Constitution.
Paxton told Fox News host Sean Hannity on Tuesday night (December 8) local time, “If other states don’t follow the Constitution, if their state legislatures aren’t responsible for overseeing their elections… it affects my state. It’s our job to make sure that the constitution is followed and that every vote is counted. But in this case, I’m not sure if every vote was counted in the right way.”
Paxton told Hannity that the lawsuit was filed because the administration of elections in other states directly affects Texas. His case is based on Article II of the Constitution, which states that the state legislature has sole authority over the election process.
“Under the Constitution, it is the responsibility of the state legislature to establish rules for the election of electors.” He said, “Can those who are not constitutionally responsible for that do so to overturn that?”
The Texas lawsuit states that officials in the defendant states used the plague (Chinese Communist virus) pandemic as a pretext to ignore state laws regarding absentee and mail ballots, issue tens of millions of “ballot applications” and ballots, and repeal laws regarding how to legally receive, evaluate, and count ballots.
The lawsuit also argues that these states have violated the constitutionally mandated Electors Clause by changing voting rules and procedures through courts or administrative measures – not state legislatures.
The lawsuit also argues that voting rules and procedures vary from county to county within the same state, in violation of the Constitution’s Equal Protection Clause.
Paxton said he hopes the court will take up the case.
“Part of the genius of the Founding Fathers was to at least make sure that everyone in the same state was treated the same.” He said, “We’re all different from county to county and treat our constituents differently. As a result, we get unreliable results.”
The U.S. Supreme Court has set a 3 p.m. Dec. 10 deadline for the four battleground states indicted to file briefs before then.
“It’s a good sign, and I’m very grateful that the court is asking other states to respond,” Paxton said.
“So, hopefully, after they respond, we’ll have an opportunity to go to court and present arguments from both sides and at least let the Supreme Court decide on the law (that) applies in this case. It’s a question they’ve never answered, but it’s relevant to the facts we’ve provided.”
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