Rep. Brad Halbrook sends letter to Attorney General Kwame Raoul urging him to join Texas election lawsuit
Reps. Chris Miller; Blaine Wilhour; Darren Bailey; Andrew Chesney; John Cabello and State Reps. Elect Adam Niemberg and Paul Jacobs join Rep. Halbrook in calling for Illinois to join Texas lawsuit
Dec. 11, 2020
For Immediate Release
Contact Brad Halbrook
Shelbyville, IL – State Rep. Brad Halbrook (R-Shelbyville) has sent Illinois Attorney General Kwame Raoul urging him to join Texas and 18 other states that have filed a lawsuit against four states that have failed to follow the US Constitution with changes in election law that were implemented without legislative approval.
“The Constitution makes it clear that it is the sole responsibility of state legislatures to make the rules for presidential elections, but yet in Michigan, Wisconsin, Pennsylvania and Georgia there were changes in the rules that occurred without legislative action that affected the outcome of the election,” Halbrook said. “The failure of these states to follow the Constitution diluted the votes of millions of people living in states that did follow the Constitution. It is important to make sure that we can trust the outcome of this and future elections. We cannot and should not tolerate an unequal application of our laws. It is imperative that we have free and fair elections. This is why it is important for Illinois to join this lawsuit.”
The letter asks Attorney General Kwame Raoul to join Texas and 18 other states in the STATE OF TEXAS, Plaintiff, v. COMMONWEALTH OF PENNSYLVANIA, STATE OF GEORGIA, STATE OF MICHIGAN, AND STATE OF WISCONSIN lawsuit. Joining Rep. Halbrook in signing the letter were: State Reps. Chris Miller (R-Oakland); Blaine Wilhour (R-Beecher City); John Cabello (R-Machesney Park) and Andrew Chesney (R-Freeport) State Rep. Elect Adam Niemerg (R-Dieterich) and State Rep. Elect Paul Jacobs (R-Pomona).
“We are hearing everyday from constituents who are upset with what is going on in the swing states of Georgia, Wisconsin, Michigan and Pennsylvania,” Miller said. “They have no confidence in the results of this election. What is happening goes well beyond the President. This is about the integrity of future elections. We need to make sure the American people can trust the outcome of our elections. The future of our Republic depends on it.”
Following is a copy of the letter sent to Attorney General Kwame Raoul.
Dec. 11, 2020
Dear Attorney General Kwame Raoul,
We write today to encourage you, on behalf of the people of the State of Illinois, to join the State of Texas and other states in support of that state’s petition to the United States Supreme Court filed Tuesday, December 8, 2020.
We encourage you to do so, not because we as Republicans are disturbed by the popularly proclaimed defeat of President Trump but rather by the unearthing of artifacts of questionable practices in implementing a number of changes to voting rules immediately before the past election. The future of our country is at stake. It is imperative that we have confidence in the outcome of our elections, and this should be a concern shared by all regardless of political party affiliation. In short, we are better off as a country if every state follows the rule of law and adheres to the standards outlined in our Constitution.
There are now 19 states that have joined Texas in pursuing legal action against Michigan, Pennsylvania, Georgia, and Wisconsin due to concerns about changes in state election laws that occurred without legislative approval as well as possible violations of the Equal Protection Clause in the U.S. Constitution.
The United States Constitution makes it clear that state legislatures are entrusted with the authority to govern elections. Article II Sec. 1 CL 2 states: “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: but no Senator or Representative, or Person holding an Office of Trust or Profit under the United States, shall be appointed an Elector.”
However, in the elections in Michigan, Pennsylvania, Georgia, and Wisconsin, last minute rules were put into place governing the elections in these states without legislative approval, which is a violation of the US Constitution. We know, for instance, that different standards were in place for signature verification of mail-in ballots in various counties in Pennsylvania, which not only is a violation of the Electors Clause, but also is a potential violation of the Equal Protection Clause.
Amendment XIV Sec. 1 states: “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”
The use of different standards in counting mail-in ballots is a failure to provide equal protection under the law.
We the undersigned believe the potential Constitutional violations of these states have done serious harm to the integrity of our election process and has diluted and diminished the votes of every other state in the union that conducted elections lawfully and in accordance with Constitutional law.
Here in Illinois, it was the Legislature that voted on a measure to send mail-in ballot applications to certain voters. While we did not support this particular legislation, the change in rules was handled Constitutionally in Illinois as it was the Illinois General Assembly voting to make these changes – not a judge or Secretary of State. Illinois followed the Constitution in changing the election rules to mail unsolicited mail-in ballot applications. Why should the votes of citizens in Illinois be invalidated by the unconstitutional actions of a handful of states?
Accordingly, we, the undersigned, ask that you as our Attorney General join with the State of Texas and the other states who have indicated support for that position. That you do so on behalf of all the people of the State of Illinois whose interest in the integrity of elections everywhere, not just in our state, be insured by clear guidance of constitutional principles. Please stand up for the voters in Illinois by joining the STATE OF TEXAS, Plaintiff, v. COMMONWEALTH OF PENNSYLVANIA, STATE OF GEORGIA, STATE OF MICHIGAN, AND STATE OF WISCONSIN lawsuit.
State Rep. Brad Halbrook
State Rep. Blaine Wilhour
State Rep. Darren Bailey
State Rep. Chris Miller
State Rep. Andrew Chesney
State Rep. John Cabello
State Rep. Elect Adam Niemerg
State Rep. Elect Paul Jacobs