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Congressman Mo Brooks Joins Amicus Brief to Help Texas Stop Illegal Voting

December 10, 2020
Press Release

Washington, DC— Thursday, Congressman Mo Brooks and 105 House Republicans filed an amicus brief with the United States Supreme Court in support of the Plaintiffs in Texas v. Pennsylvania, et al.  The amicus affirms that Congress is the supreme Constitutional authority for prescribing the times, places, and manners for holding federal elections and that state legislatures are the only other Constitutional authority empowered to set election times, places, and manner of holding elections and, even then, only to the extent that legislatures do not pass laws that conflict with the standards set by Congress. Non-legislative actors in Pennsylvania, Georgia, Wisconsin, and Michigan violated Article I, Section 4 of the U.S. Constitution when they changed election processes without the authority to do so.  

Click HERE for the Texas v. Pennsylvania, et al. amicus brief.

Congressman Brooks said, “Reliable, honest and accurate elections are the bedrock of any functioning republic. Unfortunately, America’s republic has been badly undermined by officials who illegally violated the U.S. Constitution.”

Brooks continued “The United States Constitution's Election Clause unequivocally states that Congress is the supreme authority for prescribing the times, places, and manners for holding federal elections and that state legislatures are the only other Constitutional authority empowered to set election times, places, and manner of holding elections and, even then, only to the extent that legislatures do not pass laws that conflict with acts of Congress.  Governors, secretaries of state, other election officials, state courts, federal courts, and private parties in various states blatantly usurp the power of Congress and state legislatures, thereby violating the Constitution, when they change election procedures both without legal authority and in ways inconsistent with laws passed by Congress or their own state legislatures. Election tallies resulting from these unconstitutional processes are invalid and are one of many reasons why I will object to certifying the Electoral College votes from these states. For example, in Pennsylvania, the Secretary of State (under the guise of illegally settling an election lawsuit) usurped legislative power by removing a lawfully required signature mandate. Further, the Pennsylvania Supreme Court violated the U.S. Constitution when it illegally and unilaterally disregarded Pennsylvania statutes requiring that all mail-in ballots be received by 8:00 p.m. on election day. Similar instances invalidate Georgia, Wisconsin, and Michigan election results.  Additional examples of illegal action by non-legislative actors in these states abound. ”

Brooks concluded, “I and the other signers of this important amicus brief request that the Supreme Court uphold the unambiguous language of Article I, Section 4 of the U.S. Constitution and determine the constitutional validity of any ballots cast under rules and procedures established by actors or public bodies other than state legislatures. The 2020 presidential election must comply with the Constitution and the results must accurately reflect the will of the American people.  For emphasis, while the Supreme Court’s ruling may bind the parties to the Texas legislation and may be of persuasive influence in Congress, the Supreme Court’s ruling in no way, shape or form mitigates the finality of Congress’s verdict on who wins the election contest between former Vice-President Joe Biden and President Donald Trump.”

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