Lone Star State Sues Battleground States Over Election Administration
By: Melissa Janda
Tags: Kenpaxton, Election Fraud, Battleground States, Texas, Election 2020

Lone Star State Sues Battleground States Over Election Administration

Has the Texas Attorney General gotten too big for his boots, or is something else motivating his suit?

In the late hours of December 7th, Texas Attorney General Ken Paxton filed a lawsuit against four battleground states (Georgia, Michigan, Pennsylvania, and Wisconsin) in the United States Supreme Court.

The suit claims that Defendant States “acted unconstitutionally to lower their election standards…with the express intent to favor their candidate for President and to alter the outcome of the 2020 election.”

The case claims Defendant States allowed non-legislature-approved changes to election rules that opened the door for fraud in various forms. The case also restates unsubstantiated claims that have been tossed out of lower courts. The filing seeks to have the court nullify millions of ballots that were cast for Biden, overturning the election in Trump’s favor.

As noted in a recent Forbes article, the Trump campaign and Republican allies have a dismal record of proving election fraud. The most recent loss, a suit brought against Pennsylvania by Republican Representative Mike Kelly, was denied by the Supreme Court on December 8th, bringing the total cases lost or withdrawn to fifty. Yes, five-zero. The Trump campaign has won only one lawsuit. One. The single win occurred in Pennsylvania where the state court struck down a deadline extension for voters to cure deficient mail-in ballots. The effect of the ruling was negligible.

Judges appointed by both Republican and Democratic presidents dismissed or denied most of the lawsuits for reasons such as lack of evidence, lack of required documentation, or the case presented had no merit. U.S. Attorney General William Barr also echoed the courts’ findings by publicly stating that there is no proof of widespread election fraud.

It’s interesting to note that the Texas suit is a bit like the pot calling the kettle black. Texas has claimed that the Defendant States acted outside the laws of their respective state legislatures in administering the election. Yet, Texas Governor Greg Abbott did the same when he issued a disaster proclamation to “suspend certain provisions of the Texas Election Code.”

While the proclamation increased the early voting period, it reduced the locations where voters could return mail-in ballots to one per county. The change took effect during a pandemic when elderly and infirmed voters are at a much higher risk of succumbing to the coronavirus and thus more likely to avoid in-person voting.

The reduction didn’t matter much in rural counties (which lean heavily Republican) as they typically only had one voting location, but the urban counties (which lean Democratic) generally have several. Harris County, which includes the sprawling metropolis of Houston, Texas’s largest city and the fourth largest in the United States with 2.4 million people, was reduced from twelve return centers to one. A judge blocked the governor’s order, but guess who filed an emergency appeal to halt the order? That’s right — that stalwart defender of democracy and election integrity, Ken Paxton.

Despite all the overwhelming evidence that Biden won the election fair and square and that election fraud claims don’t amount to a hill of beans, many still believe the election was stolen from Trump, and praise Paxton’s actions.

Photo by Bruce Kamm on Unsplash

Ridin’ to the Rescue

The early news spreading on the far-right claimed that the great state of Texas was the lone cowboy brave enough to jump in the saddle and ride guns-a-blazing to rescue the nation, come hell or high water. And the sole reason for all the losses in the lower courts is simply because the issue of election fraud is one hot potato that the courts keep tossing to somebody else.

This spin dismisses the courts’ official rulings and disregards statements reasserting election integrity made by Republican and Democratic officials alike. To some, these judges and politicians just fell off the turnip truck. What the heck do they know anyway?

Photo by Robert Thiemann on Unsplash

To some conservatives, the Texas Attorney General’s filing was a Hail Mary in the eleventh hour, an act of divine intervention because God wants Trump to be president. Yep, the Almighty has a dog in this fight. And for anyone who disagrees? Well, they’d say you’ve got your porch light on, but nobody’s home. Either that or you’re demonically possessed. Take your pick.

Divine Intervention or Something Sinister?

But for those of us who’ve been following the cases and those filing them, we know divine intervention is not at work here, but something sinister is. Legal experts say it’s unlikely the Supreme Court will hear the case. So, what is the motivation for Paxton’s lawsuit?

When The Dallas Morning News interviewed Southern Methodist University constitutional law expert Dale Carpenter about the Paxton suit, he said, “It reads like a signal of loyalty to Donald Trump.”

Photo by Naassom Azevedo on Unsplash

And there you have it. Trump has been handing out pardons lately, so it seems Paxton might be hoping to get one for himself as well.

Why would Paxton need a pardon? Well, a Texan might say it’s because, “He’s on a first-name basis with the bottom of the deck,” or “He’s as crooked as the Brazos.” Let’s review his background.

Photo by Markus Winkler on Unsplash

Fined by Texas State Securities Board

Paxton’s troubles began in 2014 when the Texas State Securities Board fined Paxton for violating state securities law by soliciting investment clients while not registered to act in that capacity. Paxton received an unusually high commission rate of 30% of the asset management fees collected by the investment advisor and failed to disclose such an arrangement to the clients he solicited over eight years. Paxton claimed it was an oversight.

Indicted for Securities Fraud

In 2015, a Collin County grand jury indicted Paxton on first-degree felony securities fraud charges. It seems he didn’t learn from that previous “oversight,” as he repeated one of the violations for which the state fined him. Once again, he persuaded investors (yes plural, meaning he had multiple mental lapses) to buy stock in a technology firm without disclosing his compensation. So, it seems if brains were leather, he couldn’t saddle a flea. The case has been held up in the courts over minor disputes and has yet to go to trial.

Wife Attempts to Broaden Paxton’s Power

In 2019, Paxton’s wife, newly elected Texas Senator Angela Paxton, audaciously proposed legislation that would allow the attorney general to exempt specific individuals from the same securities laws that her husband violated. I guess it proves that if you lie down with a dog, you get up with fleas. The bill did not pass.

Accused of Bribery and Abuse of Office

In October 2020, seven of Paxton’s top aides reported him to federal authorities with accusations of bribery and abuse of office and other criminal charges in assisting a wealthy campaign donor with legal troubles. The Associated Press reported that the FBI is investigating Paxton over these allegations. The aides have either resigned, are on leave or Paxton fired them. Most have filed complaints under the Texas Whistleblower’s Act.

So, is Paxton in a heap of trouble? It looks like you can hang your hat on it. Based on this brief history, he’d steal the flowers off of his momma’s grave.

Despite the absurdity of the suit, several states have joined in, which has energized Trump’s base with illusions of overturning the election. In their zeal, they continue to support Trump’s election defense fund, presumably earmarked for post-election legal battles. However, the fine print indicates most will go toward paying off campaign debt and then funding other post-presidency endeavors.

No wonder Paxton and Trump are friends. Birds of a feather — alright, enough with the southern idioms. Most Texans I know don’t talk this way, anyhow. Hopefully, this will all blow over soon, Lord willing, and the creek don’t rise.