Ted Cruz agrees to argue PA election fraud case involving mail-in ballots before Supreme Court
Sen. Ted Cruz (R-TX) has offered to present oral arguments before the Supreme Court concerning Pennsylvania and the constitutionality of mail-in ballots. That’s if the High Court takes the matter up. Cruz says the case “raises very serious issues.”
Rep. Mike Kelly (R-PA) and Pennsylvania GOP congressional candidate Sean Parnell filed the case. It alleges that a 2019 state law allowing no-excuse mail-in voting is unconstitutional. If the court agrees, Kelly and Parnell said most of the commonwealth’s mail-in votes in this past presidential election could be thrown out essentially flipping the state to President Trump.
Pennsylvania Commonwealth Court Judge Patricia McCullough initially granted a stay to Kelly and Parnell. However, Democratic Gov. Tom Wolf’s administration summarily filed an appeal with the State Supreme Court. The higher court sided with Wolf, and Kelly’s team moved to get the U.S. Supreme Court to rule on the case.
The plaintiffs are arguing that Pennsylvania does not have grounds to allow non-absentee vote-by-mail without a constitutional amendment. Nearly 30 Republican members of the state legislature have signed a document in amicus with Kelly and Parnell’s case.
“We supported passage of Act 77 because we believed every Pennsylvanian should have more opportunities to participate in our democratic process,” State Sen. Judy Ward, R-Blair, and State Rep. Paul Schemel, R-Franklin, said in a joint statement Monday.
“The legislation was carefully drafted to protect the integrity of our elections and included specific provisions relating to deadlines and signature verification,” they added, pointing out that the State Supreme Court later “overrule[d] the will of the legislature and governor by changing deadlines and eliminating provisions requiring signature verification, thereby applying much looser standards to mail-in ballots than are applied to ballots cast in person.”
“It raises pure issues of law, and I believe the Supreme Court should choose to take the case,” Cruz said to host Sean Hannity in an interview. “I think they should hear the appeal.”
Cruz, a Senate Judiciary Committee member, stated that “at a time when this country is so divided, when people are so angry, I think we need a sense of resolution, and we need the Supreme Court to step in and ensure that we’re following the Constitution and following the law.”
Because of the importance of the legal issues presented, I've publicly urged #SCOTUS to hear the case brought by Congressman Mike Kelly, congressional candidate Sean Parnell & state rep. candidate Wanda Logan challenging the constitutionality of the POTUS election results in PA.
— Ted Cruz (@tedcruz) December 7, 2020
As I said last week, the bitter division and acrimony we see across the Nation needs resolution. I believe #SCOTUS has a responsibility to the American People to ensure, within its powers, that we are following the law and following the Constitution.
— Ted Cruz (@tedcruz) December 7, 2020
“Right now, it is not healthy for democracy, what we’re seeing, and in Pennsylvania, the problem was made worse because the Pennsylvania Supreme Court is a partisan Democratic court that issued multiple decisions just on their face contrary to the law,” Cruz said. “That’s not how elections are supposed to work.”
Cruz also noted that the U.S. Supreme Court feels the “urgency” of the moment, given the upcoming “safe harbor” deadline for selecting electors, alluding to Justice Alito moving the case up a day.
“We will have a response and we could have a decision as early as tomorrow from the Supreme Court whether or not they will take the case,” he said.
“When you look at a country where 39% of Americans right now believe this last election was rigged, that’s a real problem for confidence in the integrity of our electoral system,” Cruz concluded. “So, I’m hopeful the Supreme Court will step forward to its responsibility and resolve this case and resolve other cases as needed.”