Ten attorneys general on Monday filed an amicus brief with the U.S. Supreme Court in support of a lawsuit filed by Pennsylvania Republicans, Republican Party of Pennsylvania v. Boockvar. They are asking the court to overturn the Pennsylvania Supreme Court’s ruling that extended the deadline for mail-in ballots in the state, which they argue was unconstitutional and partially created the problem Pennsylvania is experiencing.
Missouri Attorney General Eric Schmitt, leads the brief, along with Republican attorneys general from Alabama, Arkansas, Florida, Kentucky, Louisiana, Mississippi, South Carolina, South Dakota, and Texas.
They argue that the Pennsylvania Supreme Court rewrote state law and encroached on the legislature’s authority when it ruled that mail-in ballots received days after the election could still be counted.
On September 17, the Pennsylvania Supreme Court ruled that election officials could accept all mail-in ballots, including absentee ballots, up to three days after Nov. 3, because of the coronavirus.
Ohio Attorney General Dave Yost filed a separate amicus brief on Monday and Oklahoma Attorney General Mike Hunter is expected to file an amicus brief on Tuesday. Both briefs are related to the same Pennsylvania case.
“The Pennsylvania Supreme Court’s decision overstepped its constitutional responsibility, encroached on the authority of the Pennsylvania legislature, and violated the plain language of the Election Clauses,” the coalition of attorneys’ general argue in their brief. “Worse still, the decision exacerbated the risk of mail-in ballot fraud by permitting mail-in ballots that are not postmarked or have no legible postmark to be received and counted several days after the election.
“The decision provided a window of time after Election Day, when the preliminary results were announced, in which unscrupulous actors could attempt to influence a close Presidential election in Pennsylvania and elsewhere,” they continue. “And it enhanced the opportunities for fraud by requiring boards of elections to count late-received ballots even if there is no evidence that those ballots were cast before Election Day, because they have no legible postmark.”
Louisiana Attorney General Jeff Landry said at a press conference on Monday, “In this particular case, we believe it’s akin to the referees changing the rules of the game midway through a football game. … We believe that’s exactly what the Pennsylvania Supreme Court did. The referees, which are the judges, don’t get to write the rules, that’s the Legislature. And unfortunately here we believe that the Pennsylvania Supreme Court did exactly that by rewriting the law.”
The U.S. Supreme Court has yet to announce if it will decide on the case.
Supreme Court Justice Samuel Alito has already intervened in Pennsylvania, directing the state to follow ballot-counting deadlines. Since then, whistle-blowers have come forward to the U.S. Senate Judiciary Committee, and former New York City Mayor Rudy Giuliani said the lawsuit he filed “will invalidate 300,000 or more crooked Democrat votes in Philly.”
Chairman of the Committee, Sen. Lindsey Graham, R-S.C., said, “We’re now finding potentially that 25,000 nursing home residents in different nursing homes requested mail-in ballots at the exact same time.”
“You can’t ballot harvest in Pennsylvania,” Graham added. “What are the odds that 25,000 people in different locations of the same age group requested at the same time a ballot? Somebody is up to no good in these nursing homes.”
Many mainstream media outlets declared Democrat Joe Biden president-elect on Saturday, after they projected victories in Pennsylvania and Nevada and reported those states gave Biden 290 Electoral College votes.
To date, no Electoral College votes have been certified.
President Donald Trump has alleged that fraud has occurred in several states, including Pennsylvania and Nevada. His campaign and other organizations, like the Public Interest Legal Foundation and state Republican parties have all filed lawsuits in several states.
The Epoch Times Editorial Board, The Center Square News, The Washington Examiner, Newsmax, One America News and several other news outlets have said they will not declare a winner for the 2020 presidential election until all results are certified and legal challenges brought in multiples states are resolved.
RealClearPolitics has yet to declare the presidential winner of Pennsylvania, Georgia or Arizona.