Texas Attorney General Ken Paxton said he's suing Georgia, Michigan, Pennsylvania and Wisconsin directly in the U.S. Supreme Court, accusing the battleground states of exploiting the coronavirus pandemic to enact last-minute changes illegally to mail-in voting rules.
Paxton, an outspoken supporter of President Donald Trump, claims the states \"flooded their people with unlawful ballot applications and ballots\" and ignored rules for counting mail-in ballots, according to a news release announcing the litigation. The allegations echo those made by Trump and his allies in dozens of lawsuits filed in the same swing states following President-elect Joe Biden's election victory.
\"These flaws cumulatively preclude knowing who legitimately won the 2020 election and threaten to cloud all future elections,\" Texas said in a motion seeking high court approval to file the suit.
The suit comes on the \"safe harbor\" deadline for states to certify their slates of electors but before the electoral college meets Dec. 14. Paxton, who is seeking an order that would block electors from the four states from participating, requested an expedited briefing schedule requiring the defendant states to file briefs on Wednesday and oral arguments to be heard on Friday.
\"The motion filed by the Texas attorney general is a publicity stunt, not a serious legal pleading,\" Michigan Attorney General Dana Nessel said in a statement. \"The erosion of confidence in our democratic system isn't attributable to the good people of Michigan, Wisconsin, Georgia or Pennsylvania but rather to partisan officials, like Mr. Paxton, who place loyalty to a person over loyalty to their country.\"
Wisconsin Attorney General Josh Kaul called the suit \"embarrassing,\" while Pennsylvania Attorney General Josh Shapiro called the claims \"uniquely unserious.\"
Paxton \"is constitutionally, legally and factually wrong about Georgia,\" Katie Byrd, spokeswoman for the state's attorney general, Chris Carr, said in a statement.
According to Paxton, the U.S. Constitution only grants state legislatures the authority to make changes to election laws, and election officials, like secretaries of states, violated the law in doing so. The Texas suit also claims those states violated the equal protection clause by allowing Democratic-leaning counties to restrict Republican poll-watchers or accept ballots with minor errors.