Sen. Ted Cruz (R-Texas) is urging the U.S. Supreme Court to hear an appeal of a ruling by the Pennsylvania Supreme Court that dismissed a GOP lawsuit challenging no-excuse mail-in voting, and either seeking to block the state from certifying the election or directing the general assembly to choose its own electors.
In dismissing the lawsuit, the state Supreme Court said the lawsuit had not been filed in a “timely manner,” since Act 77 was signed into law last year. The judges argued that, by waiting to file their complaint until days before the county of boards of election were required to certify the election results, the plaintiffs’ request could “result in the disenfranchisement of millions of Pennsylvania voters” who voted by mail.
The state Supreme Court ruling, however, appears to leave open the broader merits of the case, namely that Act 77 may have required an amendment to the state constitution.
Cruz, in his statement, said that, “the Pennsylvania Constitution requires in-person voting, except in narrow and defined circumstances. Late last year, the Pennsylvania Legislature passed a law that purported to allow universal mail-in voting, notwithstanding the Pennsylvania Constitution’s express prohibition.”
Referring to the appeal to the U.S. Supreme Court, Cruz said it “argues that Pennsylvania cannot change the rules in the middle of the game. If Pennsylvania wants to change how voting occurs, the state must follow the law to do so.”
Cruz said that, ordinarily, the U.S. Supreme Court would stay out of election disputes, particularly ones that relate to state law.
“But these are not ordinary times,” Cruz wrote, arguing that many Americans believe “the election was rigged.”
“The bitter division and acrimony we see across the nation needs resolution,” he wrote, arguing that the high court’s willingness to take up the appeal “on an emergency expedited basis” would help restore confidence in America’s democratic system.
