Zimmerman Initiates PA Amicus Brief Charging State Courts and Executives with Violating U.S. Constitution Election Mandates

December 11, 2020

HARRISBURG – Rep. Dave Zimmerman (R-Lancaster) said he is pleased 69 of his House colleagues joined in filing an amicus brief in the U.S. Supreme Court in the case of Texas v. Commonwealth of Pennsylvania, State of Georgia, State of Michigan and State of Wisconsin. 

The case, filed by the State of Texas, notes that under the clearly written language of Article II of the U.S. Constitution, state legislatures have exclusive authority to prescribe when and how elections are conducted and electors selected. The federal Constitution trumps state constitutions when conflicts occur.

Zimmerman initiated the idea of filing an amicus brief in support of Texas’ lawsuit because he agrees the courts and administration executives of the four named states in the Texas lawsuit are in fact guilty of violating provisions of the U.S. Constitution by modifying state election laws, which is not within their legal purviews. 

Over the last few months, the Pennsylvania Supreme Court has intervened to change the time and place for accepting ballots, ballot signature requirements and rules governing how far “watchers” can be kept from ballot canvassing by county officials. 

Under Article II, the states are allotted a number of electors equal to their congressional delegation, which is the number of representatives plus two for the senators, but the actual electors are appointed according to rules set exclusively by the state legislatures themselves.

Article II, Section 1, Clauses 2 and 3 of the United States Constitution, state that:

“Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors, equal to the whole Number of Senators and Representatives to which the State may be entitled in the Congress.

“The U.S. Constitution is the first and last word on election processes in our nation,” Zimmerman said. “Any claims to the contrary are merely fig leaves to hide behind and obfuscation of the actual issues at hand for the people we took an oath to represent – an oath not only to the Pennsylvania Constitution, but also to the federal Constitution which is ultimate law of the land.
 
The legal brief, filed Thursday, also declares that state courts and governors must be reminded of the boundaries of their power.

Representative Dave Zimmerman
99th Legislative District
Pennsylvania House of Representatives
Media Contact: Charles Lardner
717.260-6443
clardner@pahousegop.com
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