1. The Plaintiff-intervenors file this complaint seeking a declaratory judgment and an injunction against the various Defendants to establish a constitutional process for the selection of Presidential electors from Pennsylvania, Michigan, Wisconsin, and Georgia (“Defendant States”) relating to the November 3, 2020 election of President and Vice President and future elections.
2. The Electors Clause of Article II of the Constitution authorizes the state legislature to direct the manner of appointment of a State’s Presidential electors: 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…
3. The Plaintiff-Intervenors claim that the Electors Clause requires each state legislature to conduct post-election certification of the Presidential electors to be submitted to the Vice President for counting by the Vice President on January 6, 2020 under 3 U.S.C. § 15 to elect a President and Vice President. Otherwise, the appointment of the Presidential 3 electors from that state is constitutionally invalid for electing the President and Vice President.
4. Under the current state laws in the respective states, the state legislatures do not take any votes to certify the Presidential electors. Cite State Statutes and Constitutions
5. Thus, the state legislatures of Defendant States and other states violate their express duties under Article II of the U.S. Constitution by wholly delegating the postelection certification of Presidential electors to state election officials and judges.
6. Thus, this case presents a common question of law: do Defendant State Legislatures violate the Electors Clause (or, in the alternative, the Fourteenth Amendment) by delegating wholly the post-election certification of election results to state election officials or judges as a ministerial duty?
7. The respective state legislatures’ wholesale delegation to state election officials or judges opened the door to election irregularities in an unprecedented magnitude without post-election state legislative certification.
8. The Plaintiff-Intervenors allege that each of the Defendant States’ election officials or judges flagrantly violated state laws governing elections for the appointment of presidential electors.
9. Accordingly, the Plaintiff-Intervenors allege that the Defendant States’ state legislatures violated their Article II duties by not conducting post-election certification of the Presidential electors from their respective states.
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