The following 8 paragraphs of legal background in the Texas SCOTUS election case are a fascinating historical context worth sharing in a mini thread:
“The individual citizen has no federal
constitutional right to vote for electors for the
President of the United States unless and until the
state legislature chooses a statewide election as the
means to implement its power to appoint members of
the electoral college.”
State legislatures have plenary power to
set the process for appointing presidential electors:
“Each State shall appoint, in such Manner as the
Legislature thereof may direct, a Number of Electors.”
U.S. CONST. art. II, §1, cl. 2
At the time of the Founding, most States
did not appoint electors through popular statewide
elections. In the first presidential election, six of the
ten States that appointed electors did so by direct
legislative appointment. McPherson v. Blacker, 146
U.S. 1, 29-30 (1892).
In the second presidential election, nine
of the fifteen States that appointed electors did so by
direct legislative appointment.
In the third presidential election, nine of
sixteen States that appointed electors did so by direct
legislative appointment. This practice
persisted in lesser degrees through the Election of
1860.
Though “[h]istory has now favored the
voter,” Bush II, 531 U.S. at 104, “there is no doubt of
the right of the legislature to resume the power [of
appointing presidential electors] at any time, for it can
neither be taken away nor abdicated.” McPherson, 146
U.S.
Given the State legislatures’
constitutional primacy in selecting presidential
electors, the ability to set rules governing the casting
of ballots and counting of votes cannot be usurped by
other branches of state government.
The Framers of the Constitution decided
to select the President through the Electoral College
“to afford as little opportunity as possible to tumult
and disorder” and to place “every practicable obstacle
[to] cabal, intrigue, and corruption,” including ...“foreign
powers” ...
... that might try to insinuate themselves into
our elections. THE FEDERALIST NO. 68
Above are direct quotes from the lawsuit.
Plaintiff is establishing this foundation because one of the remedies sought would remand the selection of electors, in case they are already certified, back to state legislatures.
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Ohio Attorney General Dave Yost argues that the court SHOULD decide whether the Constitution permits state courts and state executive officials "to alter the rules by which presidential elections are conducted."
"The People need an answer, too. Until they get one, elections will continue to be plagued by doubts regarding whether the President was chosen in the constitutionally prescribed manner." -- AG Yost
BREAKING: Texas Attorney General Ken Paxton today filed an *election* lawsuit against Georgia, Michigan, Pennsylvania and Wisconsin in the United States Supreme Court.
Texas brought the suit straight to SCOTUS. Key allegations:
1. Unconstitutional changes to election laws 2. Unequal treatment of voters within each state 3. Voting irregularities "consistent with
the unconstitutional relaxation of ballot-integrity
protections."
From the bill of complaint: "These flaws cumulatively preclude knowing who legitimately won the 2020 election and threaten to cloud all future elections."
Is @UPS supposed to carry official election material? Because I and three #DominionWatch volunteers saw a UPS truck picking up a ballet of boxes marked "official absentee" from the Secretary of State's warehouse.
The plaintiffs in the lawsuit filed an emergency motion on Sunday which included a message from an election official stating that the ballot-counting machines would be reset to zero on Monday, Nov. 30, before performing a recount:
When the poll watcher brought up his concern about wiping the machines to the election manager, the manager said: “It's what we are supposed to do."
PA certified the presidential and vice-presidential elections yesterday. In an emergency brief filed before midnight last night, the Republican plaintiffs pointed out that there was no need to act so fast. PA certified on Dec. 12 in 2016.