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December 7, 2020 41 Respectfully submitted, Ken Paxton * Attorney General of Texas Brent Webster First Assistant Attorney General of Texas Lawrence Joseph Special Counsel to the Attorney General of Texas Office of the Attorney General P.O. Box 12548 (MC 059) Austin, TX 78711-2548 kenneth.paxton@oag.texas.gov (512) 936-1414 * Counsel of Record
i No. ______, Original In the Supreme Court of the United States STATE OF TEXAS, v. Plaintiff, COMMONWEALTH OF PENNSYLVANIA, STATE OF STATE OF GEORGIA, STATE OF MICHIGAN, AND STATE OF WISCONSIN, Defendants. BRIEF IN SUPPORT OF MOTION FOR LEAVE TO FILE BILL OF COMPLAINT Ken Paxton * Attorney General of Texas Brent Webster First Assistant Attorney General of Texas Lawrence Joseph Special Counsel to the Attorney General of Texas P.O. Box 12548 (MC 059) Austin, TX 78711-2548 kenneth.paxton@oag.texas.gov (512) 936-1414 *Counsel of Record
Page 1 and 2: No. ______, Original In the Supreme
Page 3 and 4: No. ______, Original In the Supreme
Page 5 and 6: legislatures to appoint Presidentia
Page 7 and 8: i TABLE OF CONTENTS Pages Bill of C
Page 9 and 10: 2 or no chain of custody 1 and, at
Page 11 and 12: 4 5. Each of Defendant States acted
Page 13 and 14: 6 8. Nor was this Court immune from
Page 15 and 16: 8 President and the Vice President
Page 17 and 18: 10 PARTIES 22. Plaintiff is the Sta
Page 19 and 20: 12 FACTS 34. The use of absentee an
Page 21 and 22: 14 protect the integrity of the bal
Page 23 and 24: 16 49. Pennsylvania’s election la
Page 25 and 26: 18 were counted by virtue of the fa
Page 27 and 28: 20 much larger volume of mail-in ba
Page 29 and 30: 22 express mandatory procedures set
Page 31 and 32: 24 78. The number of votes affected
Page 33 and 34: 26 signatures do not agree sufficie
Page 35 and 36: 28 95. The TCF was the only facilit
Page 37 and 38: 30 percent increase over 2016, were
Page 39 and 40: 32 Stat. 7.15(2m) provides, “[i]n
Page 41 and 42: 34 may be misled to exercise their
Page 43 and 44: 36 that USPS employees were backdat
Page 45 and 46: 38 vote principle in Defendant Stat
Page 47: 40 C. Enjoin Defendant States’ us
Page 51 and 52: iii II. This case presents constitu
Page 53 and 54: v Dunn v. Blumstein, 405 U.S. 330 (
Page 55 and 56: vii Republican Party of Pa. v. Booc
Page 57 and 58: ix THE FEDERALIST NO. 57 (C. Rossit
Page 59 and 60: 2 is the glue that binds our citize
Page 61 and 62: 4 Constitutional Background The rig
Page 63 and 64: 6 are processed and tabulated witho
Page 65 and 66: 8 (emphasis added). This Court not
Page 67 and 68: 10 electors,” meaning that state
Page 69 and 70: 12 1. Plaintiff State suffers an in
Page 71 and 72: 14 In addition to standing for thei
Page 73 and 74: 16 accorded to each vote and the eq
Page 75 and 76: 18 appointment of presidential elec
Page 77 and 78: 20 We hold that this challenge to a
Page 79 and 80: 22 is conferred upon the legislatur
Page 81 and 82: 24 A. The 2020 election suffered fr
Page 83 and 84: 26 J. CONST. L. 1, 31 (2010) (colle
Page 85 and 86: 28 confusion and consequent incenti
Page 87 and 88: 30 Court explained at length in Bus
Page 89 and 90: 32 U.S. 527, 537-41 (1981), overrul
Page 91 and 92: 34 III. REVIEW IS NOT DISCRETIONARY
Page 93 and 94: No. 20A , Original In the Supreme C
Page 95 and 96: expedition of this original action
Page 97 and 98: • On August 7, 2020, the League o
Page 99 and 100:
of Pennsylvania is impossible to re
Page 101 and 102:
2016 rejection rate was more than s
Page 103 and 104:
without Defendant States’ elector
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Republic. With ordinary briefing, D
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prospective intervenors file or see
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CERTIFICATE OF SERVICE The undersig
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No. ______, Original In the Supreme
Page 113 and 114:
ii 7. This action does not raise a
Page 115 and 116:
iv Dunn v. Blumstein, 405 U.S. 330
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vi Roman Catholic Diocese of Brookl
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No. ______, Original In the Supreme
Page 121 and 122:
3 voting. The Defendant States floo
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5 a manner as the legislature of su
Page 125 and 126:
(1) a reasonable probability that f
Page 127 and 128:
A. This Court has jurisdiction over
Page 129 and 130:
11 Plaintiff State’s Electoral Cl
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13 judicial enforcement according t
Page 133 and 134:
15 breaking vote in the Senate. Thr
Page 135 and 136:
17 c. The requested relief would re
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19 reconsideration under lawful mea
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21 5. This action is not moot and w
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23 States become evident until days
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25 justification for a violation of
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27 “Legislature thereof.” U.S.
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29 For example, if a state court en
Page 149 and 150:
31 This form of executive nullifica
Page 151 and 152:
33 unconstitutional and unilateral
Page 153 and 154:
35 election results that includes v
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