Dec. 10, 2020

HARRISBURG – Rep. Paul Schemel (R-Franklin) and 69 other members of the Pennsylvania House of Representatives have filed 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.

In the above-captioned case, the State of Texas alleges that state courts and officials within the four named states violated provisions of the U.S. Constitution by effectively modifying state election laws. Under Article II of the U.S. Constitution, state legislatures have exclusive authority to prescribe when and how elections are conducted.
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, Schemel said.

“Whether you like the state court’s revisions to the Election Code or not, it was not the court’s prerogative to usurp the constitutional authority of the legislature. Doing nothing encourages the state courts and the executive branch to expand their own power and ‘legislate’ by fiat,” he said.

The legislators argue in their brief that state courts and governors must be reminded of the boundaries of their power.

“We asked the court simply to hear the case on its merits and make a final determination,” Schemel said.

The amicus brief was filed Thursday.

Representative Paul Schemel
90th District
Pennsylvania House of Representatives

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