Ten Republican attorneys general (AGs) filed a multi-state amicus brief Monday with the US Supreme Court in the Pennsylvania mail-in ballot challenge, Republican Party of Pennsylvania v. Boockvar.
The Pennsylvania Supreme Court allowed mail-in ballots to be received up to three days after Election Day, even without postmarks. The AGs of Missouri, Alabama, Arkansas, Florida, Kentucky, Louisiana, Mississippi, South Carolina, South Dakota and Texas claimed that this decision overstepped the Pennsylvania Supreme Court’s constitutional authority and encroached on the Pennsylvania legislature’s authority, which violated separation of powers.
The 10 AGs alleged at least two compelling interests in the case: an interest in safeguarding separation of powers among state actors in the regulation of presidential elections, as well as a “strong interest in preventing the effective invalidation of their own voters’ choices through illegal voting in Pennsylvania.” According to the brief, the Pennsylvania Supreme Court’s decision “exacerbat[ed] the risks of fraud” by allowing late voting that was “outright fraudulent.” This decision allegedly violated separation of powers and threatened the “liberty of all Americans” because it “diminishes one of their most precious liberties—the right to vote for President of the United States.”
The brief cited examples of voter fraud, including four criminal convictions in Pennsylvania for fraudulent absentee ballot usage since 2010. According to the AGs, the increase of mail-in voting due to COVID-19 increased fraud opportunities, which was shown through public reports of absentee-ballot fraud especially in Pennsylvania.
Because of this, the brief asked the Supreme Court to grant the petitions for?Boockvar, grant expedited review, and reverse the Pennsylvania Supreme Court’s decision.