Marshall Takes Election Integrity Fight to the Supreme Court, Challenging Federal Overreach
Arizona Free Press
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(Montgomery, Ala) - Alabama Attorney General Steve Marshall joined a coalition of 20 states urging the U.S. Supreme Court to overturn a federal appellate ruling that struck down a longstanding Pennsylvania law requiring voters to handwrite the date on mail-in ballots. The coalition, led by Missouri in support of the Republican National Committee (RNC), argues that the lower court overstepped its authority in invalidating Pennsylvania’s election integrity measure.
In the brief, the states contend that the ruling by the U.S. Court of Appeals for the Third Circuit in Eakin v. Adams County Board of Elections sets a dangerous precedent that undermines federalism and the separation of powers by granting federal courts undue authority over non-burdensome state election rules. The Constitution vests that authority in state legislatures, which have a compelling interest in deterring and detecting election fraud.
"The Founders were clear that states control elections. When federal courts decide they know better and start striking down commonsense election laws that do not significantly burden anyone’s right to vote, that's a power grab. We're fighting back," said Attorney General Marshall.
The Supreme Court has never held that a non-discriminatory ballot-casting regulation constitutes an undue burden on the right to vote. The coalition warns that the Third Circuit's reasoning, if left unchecked, would allow courts to strike down even the most reasonable election integrity requirements. The states ask the Supreme Court to grant the RNC's petition for review and ultimately reverse the lower court's decision.
In addition to Alabama, Attorneys General from the following states joined the Missouri-led filing: Alaska, Florida, Georgia, Idaho, Indiana, Iowa, Kansas, Louisiana, Mississippi, Montana, Nebraska, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, and West Virginia.