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1 “[T]hat form of government which is best contrived to secure an impartial and exact execution of the law, is the best of republics.” —John Adams BILL OF COMPLAINT Our Country stands at an important crossroads. Either the Constitution matters and must be followed, even when some officials consider it inconvenient or out of date, or it is simply a piece of parchment on display at the National Archives. We ask the Court to choose the former. Lawful elections are at the heart of our constitutional democracy. The public, and indeed the candidates themselves, have a compelling interest in ensuring that the selection of a President—any President—is legitimate. If that trust is lost, the American Experiment will founder. A dark cloud hangs over the 2020 Presidential election. Here is what we know. Using the COVID-19 pandemic as a justification, government officials in the defendant states of Georgia, Michigan, and Wisconsin, and the Commonwealth of Pennsylvania (collectively, “Defendant States”), usurped their legislatures’ authority and unconstitutionally revised their state’s election statutes. They accomplished these statutory revisions through executive fiat or friendly lawsuits, thereby weakening ballot integrity. Finally, these same government officials flooded the Defendant States with millions of ballots to be sent through the mails, or placed in drop boxes, with little
2 or no chain of custody 1 and, at the same time, weakened the strongest security measures protecting the integrity of the vote—signature verification and witness requirements. Presently, evidence of material illegality in the 2020 general elections held in Defendant States grows daily. And, to be sure, the two presidential candidates who have garnered the most votes have an interest in assuming the duties of the Office of President without a taint of impropriety threatening the perceived legitimacy of their election. However, 3 U.S.C. § 7 requires that presidential electors be appointed on December 14, 2020. That deadline, however, should not cement a potentially illegitimate election result in the middle of this storm—a storm that is of the Defendant States’ own making by virtue of their own unconstitutional actions. This Court is the only forum that can delay the deadline for the appointment of presidential electors under 3 U.S.C. §§ 5, 7. To safeguard public legitimacy at this unprecedented moment and restore public trust in the presidential election, this Court should extend the December 14, 2020 deadline for Defendant States’ certification of presidential electors to allow these investigations to be completed. Should one of the two leading candidates receive an absolute majority of the presidential electors’ votes to be cast on December 14, this would finalize the selection of our President. The only date that is mandated under 1 See https://georgiastarnews.com/2020/12/05/dekalbcounty-cannot-find-chain-of-custody-records-for-absenteeballots-deposited-in-drop-boxes-it-has-not-been-determined-ifresponsive-records-to-your-request-exist/
Page 1 and 2: No. ______, Original In the Supreme
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Page 5 and 6: legislatures to appoint Presidentia
Page 7: i TABLE OF CONTENTS Pages Bill of C
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 and 48: 40 C. Enjoin Defendant States’ us
Page 49 and 50: i No. ______, Original In the Supre
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
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2 is the glue that binds our citize
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4 Constitutional Background The rig
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6 are processed and tabulated witho
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8 (emphasis added). This Court not
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10 electors,” meaning that state
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12 1. Plaintiff State suffers an in
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14 In addition to standing for thei
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16 accorded to each vote and the eq
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18 appointment of presidential elec
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20 We hold that this challenge to a
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22 is conferred upon the legislatur
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24 A. The 2020 election suffered fr
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26 J. CONST. L. 1, 31 (2010) (colle
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28 confusion and consequent incenti
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30 Court explained at length in Bus
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32 U.S. 527, 537-41 (1981), overrul
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34 III. REVIEW IS NOT DISCRETIONARY
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No. 20A , Original In the Supreme C
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expedition of this original action
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• On August 7, 2020, the League o
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of Pennsylvania is impossible to re
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2016 rejection rate was more than s
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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
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ii 7. This action does not raise a
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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
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3 voting. The Defendant States floo
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5 a manner as the legislature of su
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(1) a reasonable probability that f
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A. This Court has jurisdiction over
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11 Plaintiff State’s Electoral Cl
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13 judicial enforcement according t
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15 breaking vote in the Senate. Thr
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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
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31 This form of executive nullifica
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33 unconstitutional and unilateral
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35 election results that includes v
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