North Dakota has joined 16 other states as amici curiae, or impartial advisers, in a lawsuit filed by Texas in the Supreme Court over the election results in four battleground states President-elect Joe Biden won.
As an amicus curiae, North Dakota did not officially sign onto the lawsuit, but rather is willing to assist a court by offering information or insight.
In the lawsuit, Texas Attorney General Ken Paxton alleges the four battleground states (Wisconsin, Pennsylvania, Georgia and Michigan) unlawfully enacted changes to their voting laws that led to election irregularities and skewed the results of the presidential election.
It lists three arguments. One, the separation-of-powers provision of the electors clause is a structural check on government that safeguards liberty; two, stripping away safeguards from voting by mail exacerbates the risks of fraud; three, the bill of complaint alleges that the defendant states unconstitutionally abolished critical safeguards against fraud in voting by mail.
| To read the full lawsuit ➜ State of Texas v. Commonwealth of Pennsylvania, State of Georgia, State of Michigan, and State of Wisconsin
The Supreme Court set a deadline of 3 p.m. Thursday for the four states to file a response before weighing in on the case.
The Electoral College meets on Dec. 14 to cast their votes, then certify the election.