Nebraska is joining 16 other states in a lawsuit filed by the Texas attorney general demanding that the 62 total Electoral College votes in Georgia, Michigan, Pennsylvania, and Wisconsin be invalidated.
The states included in the lawsuit are:
- Alabama
- Arkansas
- Florida
- Indiana
- Kansas
- Louisiana
- Missouri
- Mississippi
- Montana
- Nebraska
- North Dakota
- Oklahoma
- South Carolina
- South Dakota
- Tennessee
- Texas
- Utah
- West Virginia
The Trump campaign has also signed on to the lawsuit filed Tuesday by Republican Ken Paxton. The Supreme Court has asked for responses by Thursday.
A statement from the Nebraska Attorney General's Office says that Nebraska joined the amicus brief on November 9th. The case challenges the Pennsylvania Supreme Court’s decision to extend the deadline for absentee ballots beyond election day. The AG's office states that the decision, "Violates the Constitution’s separation-of-powers principle that only state legislatures—not state courts—have the authority to adopt or change election rules for choosing the President."
The Supreme Court has yet to decide whether they will hear the case. “The Supreme Court has recognized that in presidential elections ‘the impact of the votes cast in each State is affected by the votes cast . . . in other States,’” said Nebraska Attorney General Doug Peterson. “This means that Nebraskans—no less than citizens in other States—have a strong interest in ensuring that presidential elections comply with the Constitution. This is an important interest that my office takes very seriously.”
A few days ago, the State of Texas filed a lawsuit with the U.S. Supreme Court raising serious allegations regarding the integrity of the electoral process. Today, the State of Nebraska joined an amicus brief filed in that case. The brief, which was filed by Missouri Attorney General Eric Schmitt and signed by 17 total States, focused its arguments on (1) the separation-of-powers principles requiring that all changes to state election laws be made only by state legislatures and (2) the need for election safeguards to minimize the risks of voting irregularities.
“I fully concur with the Attorney General’s decision to have the State of Nebraska join as an amicus in this case,” said Secretary of State Bob Evnen. “It is absolutely essential that credible claims of election irregularities be brought to light and fully investigated.”
The Nebraska Democratic party issued a statement Wednesday afternoon condemning Nebraska's participation in the lawsuit.
"By joining this lawsuit, Ricketts is telling Nebraskans that he believes state legislatures should pick a president not American voters,” Kleeb said. “Nebraskans of all political backgrounds just voted at record levels in our state by mail and did so safely. The lawsuit Rickettts is endorsing, with our taxpayer money, tries to claim that mail-in ballots are illegal. This is an outrageous attack on the fundamentals of democracy. Ricketts and Trump are sore losers and need to focus on the real risks our state and country face with the growing COVID pandemic.”
Nebraska Presidential Elector Precious McKesson, who is set to become the first woman and first person of color to cast an electoral vote for a Democrat on Monday, joined in Kleeb’s condemnation.
“This blatant power grab comes on the heels of Ricketts saying he supported certifying the election results,” McKesson said. “By joining this lawsuit, he’s going back on his word and is trying to steal the election from the people.”
(Photo by Getty Images)