Gleim Joins Amicus Brief Charging State Courts and Executives with Violating U.S. Constitution Election Mandates

12/11/2020

HARRISBURG – Rep. Barb Gleim (R-Cumberland) joined 69 of her House colleagues 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 court case in question charges state courts and officials within the four named states of violating provisions of the U.S. Constitution by effectively modifying state election laws. 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. The federal Constitution trumps state constitutions when conflicts occur.
  
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. 
 
“It doesn’t matter whether one ‘likes’ the state court’s revisions to the Election Code, as it was not the court’s prerogative to usurp the constitutional authority of the General Assembly,” Gleim said. “To allow the state courts and the executive branch to legislate, when their duty is to interpret or govern, would be an affront to the separation of powers that are the very foundation of our nation.” 
 
The legislators argue in their brief that state courts and governors must be reminded of the boundaries of their power. 
 
The amicus brief was filed Thursday.