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17 States File Brief Backing Texas Election Lawsuit Against GA, MI, PA, WI

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WASHINGTON, DC - AUGUST 29: U.S. President Donald Trump heads back to the Oval Office after attending an event establishing the U.S. Space Command, the sixth national armed service, in the Rose Garden at the White House August 29, 2019 in Washington, DC. Citing potential threats from China and Russia and the nation’s reliance on satellites for defense operations, Trump said the U.S. needs to launch a 'space force.' U.S. Air Force Gen. John Raymond will serve as the first head of Space Command, which will have 87 active units handling operations such as missile warning, satellite surveillance, space control and space support. (Photo by Chip Somodevilla/Getty Images)
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Seventeen states, led by Missouri, filed documents with the Supreme Court on Wednesday in support of a lawsuit by Texas against a handful of battleground states over alleged violations of election laws.

Alabama, Arkansas, Florida, Indiana, Kansas, Louisiana, Mississippi, Montana, Nebraska, North Dakota, Oklahoma, South Carolina, South Dakota, Tennessee, Utah, and West Virginia joined with Missouri to file an amicus brief supporting Texas. The lawsuit seeks to bar Georgia, Wisconsin, Michigan, and Pennsylvania from voting in the electoral college, asserting their elections were illegitimate due to violations of voting laws.

“First, the States have a strong interest in safeguarding the separation of powers among state actors in the regulation of Presidential elections,” the amicus states. “Second, amici States have a strong interest in ensuring that the votes of their own citizens are not diluted by the unconstitutional administration of elections in other States. When non-legislative actors in other States encroach on the authority of the ‘Legislature thereof’ in that State to administer a Presidential election, they threaten the liberty, not just of their own citizens, but of every citizen of the United States who casts a lawful ballot in that election—including the citizens of amici States.”

“Third, for similar reasons, amici States have a strong interest in safeguarding against fraud in voting by mail during Presidential elections,” the filing says.

President Trump announced on Wednesday morning that the federal government also plans to file in support of the Texas lawsuit, which Trump referred to as “the big one” after many of his legal challenges over the results of the election have yet to yield results.

“We will be INTERVENING in the Texas (plus many other states) case. This is the big one. Our Country needs a victory!” Trump said in a tweet.

Texas Attorney General Ken Paxton filed the lawsuit on Tuesday challenging the election results of Georgia, Michigan, Pennsylvania, and Wisconsin. The Supreme Court ordered the states to respond to the suit by Thursday.

“Trust in the integrity of our election processes is sacrosanct and binds our citizenry and the States in this Union together,” Paxton said in a statement. “Georgia, Michigan, Pennsylvania and Wisconsin destroyed that trust and compromised the security and integrity of the 2020 election. The states violated statutes enacted by their duly elected legislatures, thereby violating the Constitution.”

“By ignoring both state and federal law, these states have not only tainted the integrity of their own citizens’ vote, but of Texas and every other state that held lawful elections,” he added. “Their failure to abide by the rule of law casts a dark shadow of doubt over the outcome of the entire election. We now ask that the Supreme Court step in to correct this egregious error.”

“Elections for federal office must comport with federal constitutional standards. For presidential elections, each state must appoint its electors to the electoral college in a manner that complies with the Constitution,” Paxton said. “The Electors Clause requirement that only state legislatures may set the rules governing the appointment of electors and elections and cannot be delegated to local officials. The majority of the rushed decisions, made by local officials, were not approved by the state legislatures, thereby circumventing the Constitution.”

Related: Multiple States Throw Support Behind Texas’ Election Lawsuit Against GA, WI, MI, PA

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