Attorney General Ken Paxton joined a coalition of 10 state attorneys general in an amicus brief urging the United States Supreme Court to grant writ of certiorari and reverse a decision by the Pennsylvania Supreme Court allowing mail-in ballots to be received three days after Election Day, even without postmarks. The coalition argues that the Pennsylvania Supreme Court overstepped its constitutional authority and encroached on the authority granted to the Pennsylvania legislature by the plain text of the U.S. Constitution’s Election Clauses. They further argue that the Court aggravated the risks of voter fraud and abuse by ordering election boards to count mail-in ballots even if they have no postmark or no legible postmark, and thus no indication that they were sent on or before Election Day. 

“A free, fair, and secure democratic process is the foundation of this great country. Allowing questionable ballots to be counted several days after Election Day, even without a postmark to show that they were mailed by Election Day, undermines the integrity of that process. The Constitution grants powers to state legislatures to set election rules, not state courts,” said Attorney General Paxton. “The Pennsylvania Supreme Court’s decision to unilaterally change the laws passed by the state legislature, and to do so in a way that severely aggravates the risk of fraud that already exists with mail-in ballots, cannot stand.”  

Along with Texas, attorneys general from Alabama, Arkansas, Florida, Kentucky, Louisiana, Mississippi, Missouri, South Carolina, and South Dakota also joined today’s brief.

Read a copy of the brief here