U.S. Rep. Elise Stefanik is among more than 100 House Republicans who have signed onto a brief supporting Texas’ lawsuit challenging the presidential election results.
Stefanik, R-Schuylerville, said in a statement that the lawsuit is about “protecting our Constitution.”
“The Constitution is clear; election officials and state executives cannot change the people’s presidential election process without the state Legislature approving it,” she said in a news release. “Additionally, it is unconstitutional to refuse to check signatures on mail-in ballots if the state law explicitly states that they must be checked.”
“We are requesting that the Supreme Court carefully review the lawsuit and provide clarity to the American people, who are rightfully concerned about both the unconstitutional overreach from certain state officials and the integrity of the presidential election,” she said.
In the House, 106 members signed a brief in support of the case.
Texas Attorney General Ken Paxton is suing the states of Michigan, Georgia, Pennsylvania and Wisconsin, alleging that they improperly made changes to voting procedures. It does not cite any examples of voter fraud.
In Pennsylvania, the lawsuit alleges that Secretary of the Commonwealth Kathy Boockvar unilaterally dropped the requirement that mandates verification of signatures on mail-in or absentee ballots and applications and extended the deadline to receive those ballots, according to the brief.
The lawsuit claims Georgia Secretary of State Brad Raffensperger changed the requirement that unsigned absentee ballots go through a “rigorous and specific process” to confirm the voter’s identity.
In Michigan, the plaintiffs allege the law was violated that mandates distribution of absentee ballot applications be performed at the local level by clerks and not by the Michigan secretary of state. In addition, the law requires that applications be inspected and approved by placing the signature or stamp of the inspector on the ballot envelope, which the lawsuit claims did not happen.
One of the claims against Wisconsin election officials is that they improperly set up unstaffed drop boxes for ballots. The brief says the law states that “local government may establish an alternative ballot delivery but that the site must be staffed as though it were a normal delivery office.”
The plaintiffs conclude “the unconstitutional irregularities involved in the 2020 presidential election cast doubt upon its outcome and the integrity of the American system of elections.”
Because this is an instance of a state suing another state, the case can be heard at the U.S. Supreme Court without going through a lower court first.
New York Attorney General Letitia James is part of a coalition of 23 Democratic attorneys general from around the country asking the U.S. Supreme Court to reject the case. They say states had the right to make changes to their election laws in the wake of the coronavirus pandemic. James points out that Texas also made changes, which the plaintiffs left out of their lawsuit. There is no evidence of significant voter fraud, she points out.
“The American people have made their choice and elected Joe Biden the 46th president of the United States, so now is the time for our leaders to move forward with the peaceful transfer of power, instead of putting forward specious and dishonest claims,” James said in a news release.
“The lawsuit led by Texas is nothing more than a faithless attempt to undermine the will of the people and have the courts choose the next president,” James added. “Our coalition is calling on the highest court in this nation to uphold its constitutional duty and dismiss this lawsuit outright. Providing any consideration of these ridiculous claims undermines the integrity of our elections and spits in the face of nearly 250 years of our country’s electoral process.”