* Republican Illinois US Reps. Mike Bost and Darin LaHood signed on to an amicus brief with about half the Republican members of Congress in support of the Texas attorney general’s attempt to overturn the presidential election results in four states. This afternoon, Attorney General Kwame Raoul signed on to a much different amicus brief, and here’s his press release…
Attorney General Kwame Raoul, as part of a coalition of 23 attorneys general, today urged the Supreme Court to reject Texas Attorney General Ken Paxton’s lawsuit asking that the court overturn the 2020 election results in four states.
In an amicus brief filed in Texas v. Pennsylvania, Raoul and the coalition argue that Texas’ unprecedented lawsuit depends on a misreading of the Constitution’s Electors Clause. Texas’ unsupported theory clashes with a century of precedent, denies states the authority to make their own decisions about election administration and oversight, and threatens to upend basic notions of federalism and states’ rights. Further, the lawsuit depends on specious claims of voter fraud, without offering any evidence of systemic fraud in the November election. Raoul and the coalition are asking the court to throw out Texas’ lawsuit.
“It is concerning and dangerous that the president and his allies have spent the weeks following the election seeking to undermine its results, as elections are at the very core of our democracy. Further, it is unconscionable that a state attorney general would use his authority to file a frivolous, unfounded lawsuit aimed at overturning an election,” Raoul said. “The people of the states in question have spoken decisively, and I stand with my colleagues to defend their right to be heard.”
According to the Department of Homeland Security, the 2020 election was “the most secure in American history.” President-elect Joe Biden was declared the winner in Georgia, Michigan, Pennsylvania, and Wisconsin. Subsequent recounts in Wisconsin and Georgia confirmed the results, and election officials in all 50 states and the District of Columbia have now certified their results.
While the president’s campaign has continued to make allegations of electoral tampering, neither the campaign nor its supporters have produced any evidence of substantial voter fraud or other forms of wrongdoing. The president and his allies have filed 55 election-related suits since November 3, and federal and state judges have rejected their claims in all but one minor case.
Despite this, Texas Attorney General Ken Paxton, supported by 17 Republican attorneys general, filed a lawsuit against Georgia, Michigan, Pennsylvania, and Wisconsin in the Supreme Court. The lawsuit alleges that the states unlawfully enacted changes to their election laws under the cover of the COVID-19 pandemic. The plaintiffs are asking the Supreme Court to take the unprecedented step of intervening and invalidating the will of the voters in those four states. Tellingly, the lawsuit makes no mention of other states – including Texas and several other states that supported Texas’s lawsuit – that made similar changes to election processes to guarantee residents could access ballots while staying safe during the COVID-19 pandemic.
Raoul and the coalition filed an amicus brief today in vigorous opposition to Texas’ undemocratic effort to overturn the results of the election. Specifically, the states urge the Supreme Court to deny Texas’ lawsuit on the grounds that:
• Texas’ interpretation of the Electors Clause is contrary to a century’s worth of precedent: The Electors Clause of the Constitution grants the states the power to set their own rules for presidential elections held within their own states. While the Constitution grants this authority to “state legislatures,” since the early 20th century, the Supreme Court has allowed legislatures to delegate authority to elections administrators or other state government entities.
• States have a constitutional right to determine the process for administering their own elections: Federalism is a core component of the Constitution, governing the division of power between the states and the federal government. The Constitution makes clear, and the Supreme Court has affirmed, that the framers granted states the right to administer and oversee presidential elections on their own. Yet Texas’ lawsuit – calling on the Supreme Court to intervene in the elections held by the four defendant states – would infringe on that right, and thus, states’ sovereignty. Further, it would set its own destructive precedent limiting states’ ability to make critical changes to the structure and oversight of elections.
• There is no evidence that the states’ commonsense measures to protect the voting rights and health of residents produced significant voter fraud: Since 2000, more than 250 million people in all 50 states have voted using mail-in ballots. In 2018 alone, more than 31 million Americans – or approximately 25.8 percent of voters – cast their ballots by mail. Moreover, five states – Colorado, Hawaii, Oregon, Utah, and Washington – had all-mail voting systems prior to the 2020 election, through which every registered voter receives a ballot in the mail. Despite the prevalence of voting by mail, officials at the state and federal levels have consistently found no evidence of widespread fraud. This remained true for the 2020 election. Despite the president’s claims that the results were tainted by voting fraud, his lawyers and other allies have consistently failed to produce any evidence to substantiate these assertions. Indeed, Republican and Democratic officials overseeing the elections in all four defendant states have repeatedly confirmed that processes were safe and secure.
Joining Raoul in filing the amicus brief are the attorneys general of California, Colorado, Connecticut, Delaware, the District of Columbia, Guam, Hawaii, Maine, Maryland, Massachusetts, Minnesota, Nevada, New Jersey, New Mexico, New York, North Carolina, Oregon, Rhode Island, Vermont, Virginia, U.S. Virgin Islands, and Washington.
* From Raoul’s spokesperson, when asked about Bost and LaHood…
It’s clear the president is asking both state attorneys general and congressmen to take this action, and it is unfortunate.
I’ll be more than happy to post any statement from Bost, LaHood, the Illinois Republican Party or the two GOP legislative leaders in response.
*** UPDATE 1 *** I have yet to hear back from the ILGOP or the two legislative leaders (surprise!), but Congressman LaHood gave a brief statement to Crain’s…
In a statement, LaHood said, “The cornerstone of our democracy is our electoral system and any irregularities presented should be investigated. I support President Trump’s right to make his case and I believe that the Supreme Court is the final venue to examine any election irregularities in full.” He said he believes Illinois’ election results were “accurate and fair.”
* BND…
“President Trump is using the legal means available to him to ensure that every legal vote is counted,” Bost said in a statement Tuesday, prior signing on to the amicus brief. “At a time of great uncertainty for our country, it is vitally important that the American people have faith in our elections and trust the results.”
Bost followed up after signing the brief with a statement Friday saying the lawsuit represents an effort “to ensure that the American people can have faith in our elections and trust the results.” The Supreme Court, he added, is the “final arbiter in cases of election irregularities.”
* Illinois Democratic County Chairs Association President Kristina Zahorik…
“Darin LaHood and Mike Bost apparently do not believe that the votes and the will of the people matter this election. By signing their name to a legal argument that ignores the rights of a state to determine how to manage their own elections, they are not only showing their hypocrisy when it comes to states’ rights, they are also attempting to undermine votes legally cast by citizens of this country.”
“The IDCCA salutes Illinois Attorney General Kwame Raoul for standing up for the rights of Americans to vote safely and securely. Shame on Bost and LaHood for tarnishing Illinois’ reputation and for this baseless attack on our democracy.”
*** UPDATE 2 *** The governor was asked about this today…
There are I think more than 100 Congressional Republicans who signed on to that. I am surprised. In the Land of Lincoln, I think of Republicans, Democrats as being a lot more reasonable than the people who have followed Donald Trump down every rabbit hole.
And so I just would say it’s irresponsible.
And it’s a ridiculous lawsuit. I don’t know why they would sign on except for apparently undying commitment and loyalty to a failed president.
*** UPDATE 3 *** Press release…
Rep. Brad Halbrook sends letter to Attorney General Kwame Raoul urging him to join Texas election lawsuit
Reps. Chris Miller; Blaine Wilhour; Darren Bailey; Andrew Chesney; John Cabello and State Reps. Elect Adam Niemberg and Paul Jacobs join Rep. Halbrook in calling for Illinois to join Texas lawsuit
State Rep. Brad Halbrook (R-Shelbyville) has sent Illinois Attorney General Kwame Raoul urging him to join Texas and 18 other states that have filed a lawsuit against four states that have failed to follow the US Constitution with changes in election law that were implemented without legislative approval.
“The Constitution makes it clear that it is the sole responsibility of state legislatures to make the rules for presidential elections, but yet in Michigan, Wisconsin, Pennsylvania and Georgia there were changes in the rules that occurred without legislative action that affected the outcome of the election,” Halbrook said. “The failure of these states to follow the Constitution diluted the votes of millions of people living in states that did follow the Constitution. It is important to make sure that we can trust the outcome of this and future elections. We cannot and should not tolerate an unequal application of our laws. It is imperative that we have free and fair elections. This is why it is important for Illinois to join this lawsuit.”
The letter asks Attorney General Kwame Raoul to join Texas and 18 other states in the STATE OF TEXAS, Plaintiff, v. COMMONWEALTH OF PENNSYLVANIA, STATE OF GEORGIA, STATE OF MICHIGAN, AND STATE OF WISCONSIN lawsuit. Joining Rep. Halbrook in signing the letter were: State Reps. Chris Miller (R-Oakland); Blaine Wilhour (R-Beecher City); John Cabello (R-Machesney Park) and Andrew Chesney (R-Freeport) State Rep. Elect Adam Niemerg (R-Dieterich) and State Rep. Elect Paul Jacobs (R-Pomona).
“We are hearing everyday from constituents who are upset with what is going on in the swing states of Georgia, Wisconsin, Michigan and Pennsylvania,” Miller said. “They have no confidence in the results of this election. What is happening goes well beyond the President. This is about the integrity of future elections. We need to make sure the American people can trust the outcome of our elections. The future of our Republic depends on it.”
* Also…
Mary Miller, Congresswoman-elect (IL-15), joins the Texas Attorney General and 18 other State Attorney Generals, several elected officials in the states under question, and numerous elected leaders supporting the Texas lawsuit. She released the following statement.
“I support this lawsuit and President Trump’s efforts to ensure the integrity of our election process. The American people deserve an honest and fair election process where all legal ballots are counted, and illegal votes are removed. This is the only way we can all move forward together in confidence,” stated Conservative Mary Miller.
“Sunshine patriots and fair-weather fighters won’t win this fight or stop the radical left’s attempts to push their socialist agenda. President Trump endorsed my campaign because he needed more actual allies in Washington. I will continue to fight the establishment in both parties that wants to defeat President Trump,” Miller added.
Miller continued: “I was elected to promote Illinois agriculture and economic opportunities, to uphold the rule of law, to defend our values of faith, family, and freedom, and to support President Trump.”
Mary concluded: “We have too many politicians who talk the talk to get elected, but when it comes time to uphold it and fight, they’re nowhere to be found. I’m going to Congress to fight for the things I campaigned on and, more importantly, the people in my district. The fight has begun.”
*** UPDATE 4 *** Over…
- Senator Clay Davis - Thursday, Dec 10, 20 @ 5:34 pm:
Sad to see what’s happened to LaHood. He was eminently reasonable when he was in the IL Senate, and his father was always rational as well. Too bad DC made him such a blind partisan. Of course, Bost is… Bost.
- I wonder - Thursday, Dec 10, 20 @ 5:34 pm:
Just a question. If the votes were wrong in the Presidential election, then wouldn’t the votes for members of Congress also be incorrect and should be thrown out as well as the votes down the ballot where a lot of Republicans won?
- Huh? - Thursday, Dec 10, 20 @ 5:52 pm:
Whelp, tramp did say that the election would be fraudulent unless he won. Since he lost, his prediction must be true.
Gotta keep the republicants fired up to keep their dear leader in power.
- Oswego Willy - Thursday, Dec 10, 20 @ 5:58 pm:
Shame on Bost and LaHood
Good on Raoul
What can you say when you have elected representatives who want an election overturned like a 3rd world country?
Not much that is acceptable on a family friendly blog.
- 1st Ward - Thursday, Dec 10, 20 @ 6:01 pm:
Is it January 20th yet? This was annoying, sad, and unfortunate (yet expected) the first week or two after the election. It’s been a month and is now downright embarrassing.
There were discussions on Kizinger’s impeachment vote earlier this week. Kizinger again publicly saying Trump lost move on and signing onto Raoul’s amicus brief is needed if he plans to run for Gov. This is just dumb. This matters more than the impeachment vote to me at least. Maybe others look at it as one in the same but regardless it’s important and Illinois voters will pay attention especially if he declares himself a candidate for 2022. Getting through a primary means nothing if you get smoked in the general.
- Last Bull Moose - Thursday, Dec 10, 20 @ 6:03 pm:
My hope is that SCOTUS slaps this down hard and quickly. After it is slapped down Congress should consider sanctions against any member who violated their oath by supporting this.
- Socially DIstant Watcher - Thursday, Dec 10, 20 @ 6:05 pm:
If the Texas suit were serious they would have challenged results in states Trump won that had similar features, like North Carolina and Ohio.
But it doesn’t, and so it’s not serious.
- Going nuclear - Thursday, Dec 10, 20 @ 6:13 pm:
These Republicans are playing with fire, and they know it, and they don’t give a crap.
- WLDS News - Thursday, Dec 10, 20 @ 6:22 pm:
I interviewed 13th District Congressman Rodney Davis today. I asked him directly for his response to the lawsuit in Texas by the Trump Administration:
“I’m disappointed that we didn’t see a clear path for President Trump to be able to win enough Electoral College votes. It’s going to be interesting to see what the Electoral College does when they meet just in a matter of days. But it looks as though Vice President Biden, with the election results in Arizona, and in Michigan and Pennsylvania - it looks like he’ll have enough electoral votes to become the President-elect. It’s not what I wanted. It’s not what I think the American people will be served best by, but unfortunately, that’s what happened in those states. When you look at the lawsuits, you mentioned that 75% of the lawsuits had failed, that’s actually giving the Trump legal team a little more credit than what they have successfully done in court. Many of the issues being put forth in press conferences are not what is in the final filings, and we have seen Trump-appointed Republican judges not agree with their assessments. That’s frustrating because we need to make sure that every American believes in the American system and believes in our electoral process. I didn’t like when people after the 2016 election had ‘Not My President’ bumper stickers when talking about President Trump. And we’ve got to do what we can to change the way we view America and how we choose our leaders, because there are a lot of people throughout this globe that would love to have the ability to do that.”
Davis also commended Illinois and the decentralized way that elections are performed in the country. Davis is the ranking Republican on the House Committee of Administration, which oversees legislation on elections.
- Norseman - Thursday, Dec 10, 20 @ 6:35 pm:
Condemning Bost and LaHood for their support of this seditious action is a given. They have shamed their constituents and the State of Illinois.
Thumbs up for Raoul. While not directly involved in the lawsuit, I want to add kudos to Kinzinger for his strong opposition to the coup effort.
- Tired teacher - Thursday, Dec 10, 20 @ 6:52 pm:
Absolute shame to Boost and LaHood.
- Friendly Bob Adams - Thursday, Dec 10, 20 @ 6:57 pm:
With these two, it might be said that Illinois is not sending its best…
- thisjustinagain - Thursday, Dec 10, 20 @ 6:58 pm:
So there was “no significant fraud”. But how much election fraud is “significant”. Georgie had 1,000 people illegally vote twice in the 2020 primary:
https://www.forbes.com/sites/tommybeer/2020/09/08/georgias-top-elections-official-claims-1000-people-committed-voter-fraud-in-primary/?sh=678a53ff7651. Isn’t that ’significant’? I’m still wondering if my mail-in vote was ever counted, since I used to get an email when it was in Cook County. But not this year, even though I got one telling me the Clerk’s Office received my ballot. Then again, Cook County told me to vote at an early voting site on a mailing, and a different location on their online search tool–and never replied to my polite and concise email telling them the two were different locations.
- Precinct Captain - Thursday, Dec 10, 20 @ 6:59 pm:
If the election is so fraudulent, why do Bost and LaHood plan to take their seats in Congress come January? If there is such fraud then them and their colleagues in the 4 states must not be seated in the House.
- 47th Ward - Thursday, Dec 10, 20 @ 7:04 pm:
I’m old enough to remember when state sovereignty was a bedrock principle of American democracy, enshrined in the Constitution, and the foundation of our republic. And I’m not that old.
States are individually sovereign. Texas has no say in how Wisconsin conducts its election. Real Republicans should be horrified at the prospect of establishing legal precedent for states to sue each other over something as basic as this.
This case is a seditious attempt to use the courts to nullify the people. Everyone publicly embracing the Texas lawsuit should never be forgiven for this.
I think the Pennsylvania brief was pitch perfect in response and am glad that AG Raoul spoke out in opposition to this travesty.
Bost and LaHood aren’t Republicans or conservatives. They are anti-democracy Trump enablers. Don’t ever forget this vote.
- Captain Obvious - Thursday, Dec 10, 20 @ 7:22 pm:
Each state has the absolute power to determine how its elections are held and administered. No one is arguing that they do not. However, when a state makes those determinations, they are required to abide by them and adhere to them. The four states in question have granted plenary power over elections to their state legislatures. This means that ONLY the state legislature can modify existing election law in those states. Elected officials do not have discretion or power to change anything about how ballots are submitted or accepted etc. on their own. And yet that is what happened in the four states in question. The state of Texas seeks simply to force those states to adhere to the election laws as they exist in those states. It is so simple even Willy should be able to understand it.
- BeenThereDoneThat - Thursday, Dec 10, 20 @ 7:23 pm:
Would like to hear Raoul’s position on the antitrust litigation against Google, Facebook and Twitter. Does he support breaking up those monopolies? Just asking.
- HighSox - Thursday, Dec 10, 20 @ 7:24 pm:
I don’t think anyone can argue that there weren’t irregularities during this election. IMHO, unprecedented Covid-19 election laws and procedure changes for mail-in voting, deadlines, voter ID, etc., combined with a very close election vote begs for questions, inquiries and even investigations. That’s OK. The TX lawsuit decisions will set precedents for all states in future elections on whether state officials can change election laws that are not allowed by their constitutions and other election law issues.
- Socially DIstant Watcher - Thursday, Dec 10, 20 @ 7:24 pm:
@thisjustinagain:
The same Secretary of State who said there could have been fraud in the primary apparently believes he was able to correct it in the general. No reason to overturn the will of the voters.
You either believe in elections or you don’t. Which side are you on?
- FormerParatrooper - Thursday, Dec 10, 20 @ 7:25 pm:
I am old enough to remember being told the 2016 election was rigged. Both Parties claim rigging when they lose.
How about each State has a commission to determine what weaknesses they perceive in the last two elections and correct them?
- 47th Ward - Thursday, Dec 10, 20 @ 7:30 pm:
=== I am old enough to remember being told the 2016 election was rigged.===
Predictably, you debate like a four year old too.
- West Side the Best Side - Thursday, Dec 10, 20 @ 7:41 pm:
Captain - Did you read what 47th Ward had to say before you commented? Where the (deleted word) does any state have the right to tell another state what to do? Should the Illinois AG object to something the State of Indiana does or visa versa? Where is Texas’ standing to bring this action? There is none.
- Pot calling kettle - Thursday, Dec 10, 20 @ 7:52 pm:
==I am old enough to remember being told the 2016 election was rigged.==
Do tell. How many lawsuits were filed over the results? How many Democrats refused to admit Trump had been elected? How long did it take for Clinton to concede? Which states sued other states over the results? Did President Obama cast doubts on the election and call it fraudulent? How many state legislators and governors did the Obama call and ask to seat a different set of electors?
- Downstate - Thursday, Dec 10, 20 @ 7:56 pm:
Spend any time with Bost you realize pretty quick he’s not the brightest bulb.
- AlfondoGonz - Thursday, Dec 10, 20 @ 8:18 pm:
The Republican Party in this state and in this country has shifted from a national embarrassment to something far more malevolent.
- Anyone Remember - Thursday, Dec 10, 20 @ 8:18 pm:
Bloody Texicans …
- Grandson of Man - Thursday, Dec 10, 20 @ 8:26 pm:
Trump and his allies have lost 55 election cases in court and one victory that was very minor. There is no voter fraud of any consequence. This is a naked attempt to overturn the election and disenfranchise millions of Americans. It is an attempt to overthrow democracy. It’s not expected to succeed, but it’s disgraceful and frightening.
- State Sen Clay Davis - Thursday, Dec 10, 20 @ 9:12 pm:
It’s trying to steal the election while maintaining plausible deniability. As Zeynep Tefekci says, If you don’t recognize it as a coup attempt, this must be your first one. It deserves consequences.
- thoughts matter - Thursday, Dec 10, 20 @ 9:12 pm:
I’m done. I don’t know what happened to the ‘small government states rights’ party. It seems to have been replaced by the cult of Trump. I’ve felt for some time that this grand experiment we call the USA is in danger of falling. Today some Texas legislator suggested they secede from the Union. They did that once …. in 1861. For those who forgot, it was called the Civil War.
Politicians who signed on to this court case or signed Trumps loyalty letter today need to resign. Because they swore to uphold our constitution and they failed.
- Stormsw7706 - Thursday, Dec 10, 20 @ 9:26 pm:
Hopefully 1 of them will be out of office when a new map is drawn. If LaHood goes against Davis I know where my vote will go. These 2 Congressman have failed their pledge to uphold the constitution. Bost because he just isn’t the brightest bulb and LaHood in an effort to get an attaboy form his deep red state pals.
- Jibba - Thursday, Dec 10, 20 @ 10:24 pm:
Though Davis gave a far from full-throated defense of democracy, he looks positively Jeffersonian compared to the other reptiles. I will never forgive this betrayal.
- Lynn S. - Thursday, Dec 10, 20 @ 10:36 pm:
On NPR this afternoon, they did a story about this lawsuit.
One of the reporters said that Paxton is under some sort of investigation, and basically said that Paxton is filing this lawsuit so that he can beg Trump for a pardon.
That explanation makes a lot of sense to me.
LaHood and Bost throwing red meat to the Trumpkins.
Choosing between LaHood, Bost, and Where’s Rodney? You’ll get a better result with Alfred E. Neuman.
- DQCardsFan - Thursday, Dec 10, 20 @ 10:51 pm:
I live in Bost’s district and am apoplectic that he would do such a thing. He has done nothing to assist this district, hides from his constituents, and now promotes what is tantamount to a coup for the worst president in our nation’s history. Unspeakable!
- RNUG - Thursday, Dec 10, 20 @ 11:05 pm:
This Texas suit will be an interesting one to watch. The other suits had various allegations and stasticisal analysis that results may have been unlikely but those claims didn’t prove it could not have happened.
This one actually has some valid questions about the other States following their Constitution and laws. It appears that proper procedures were not always followed.
Assuming SCOTUS takes the case (and it appears they will because it is a question of fact, not allegation), the results will set legal precedent going forward. Of all the cases brought forward, this one actually has some chance of succeeding. And if it does succeed, the election could be thrown in the US House of Representatives, which has only happened once before.
Win or lose, this case is history in the making.
- Rich Miller - Thursday, Dec 10, 20 @ 11:30 pm:
===It appears that proper procedures were not always followed. ===
Meh. A similar argument appeared to have been made against Pennsylvania and the court tossed it.
=== the results will set legal precedent going forward===
Yep. States will be suing each other for all sorts of things, not just elections. These lawsuits have been reserved for actual disputes between states. When states are allowed to sue other states because they don’t think the other states are following a certain law, Katy bar the door.
- Rich Miller - Thursday, Dec 10, 20 @ 11:32 pm:
Also, the TX lawsuit starts out with this…
===Non-legislative actors’ purported amendments to States’ duly enacted election laws, in violation of the Electors Clause’s vesting State legislatures with plenary authority regarding the appointment of presidential electors===
They’re equating things like mail-in ballot procedures with the specific act of appointing electors.
https://www.texasattorneygeneral.gov/sites/default/files/images/admin/2020/Press/SCOTUSFiling.pdf
- Norseman - Friday, Dec 11, 20 @ 12:34 am:
=== It appears that proper procedures were not always followed. ===
Based upon what? Some assertions from a cabal of lawyers with questionable facts who can’t even spell the names of the litigant states. Assertions already thrown out by courts addressing actions filed in the states. I suspect there was very little time spent by these folks on actually studying the subject states constitutions, election laws and case law.
I agree with the Pennsylvania response that this filing represents a ”seditious abuse of the judicial process”.
If this suit gets any play, I would encourage the Raoul and the other responding AGs file actions against the voter suppression efforts of the red states citing equal protection concerns. It will become even worse as the GOP tries to tamp down mail voting having seen its success in expanding the vote and enable a Biden victory in two red states.
- RNUG - Friday, Dec 11, 20 @ 9:47 am:
Rich, I know think I’m out in right field, but I’ll just point out the Civil War was all about one set of States telling another set of States what they could and couldn’t do … even if slavery was in some of their State charters / Constitutions.
So that cat of States going after other States was let out if the bag years ago. At least this time the fight is in the courts instead of on a battleground.
- Rich Miller - Friday, Dec 11, 20 @ 9:56 am:
===the Civil War was all about one set of States telling another set of States what they could and couldn’t do===
Pretty darned overly simplistic. The war started after an election. Lincoln wasn’t even sworn in before states began seceding.