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No. ______, Original
In the Supreme Court of the United States
STATE OF [INSERT YOUR STATE],
Plaintiff,
v.
UNITED STATES OF AMERICA, PRESIDENT OF THE UNITED STATES, VICE- PRESIDENT OF THE UNITED STATES, ATTORNEY GENERAL OF THE UNITED STATES; SPEAKER OF THE UNITED STATES HOUSE OF REPRESENTATIVES, PRESIDENT PRO TEMPORE OF THE UNITED STATES SENATE, STATE OF ARIZONA, STATE OF GEORGIA, STATE OF MICHIGAN, COMMONWEALTH OF PENNSYLVANIA, AND STATE OF WISCONSIN,
Defendants.
COUNT I: ELECTORS CLAUSE
COUNT II: DUE PROCESS
COUNT III: GUARANTEE CLAUSE
COUNT IV: TAKE CARE CLAUSE
PRAYER FOR RELIEF
WHEREFORE, the Plaintiff State respectfully requests that this Court issue the following relief:
1. Declare that Defendant States administered the November 2020 election in violation of the Electors Clause and the Fourteenth Amendment of the U.S. Constitution.
2. Declare that the United States and Officer Defendants violated the Guarantee Clause and the Take Care Clause with respect to allowing the foregoing constitutional violations by the Defendant States in administering the November 2020 election.
3. Declare that the Defendant States’ certification of the November 2020 election results and of presidential electors on or about December 14, 2020, violated the Electors Clause and the Fourteenth Amendment of the U.S. Constitution and vacate those certifications.
4. Declare that the Defendant States’ certification of the November 2020 election results and of presidential electors on or about December 14, 2020, violated the Electors Clause and the Fourteenth Amendment of the U.S. Constitution and vacate those certifications.
5. Declare that the United States violated the Guarantee Clause in allowing the November 2020 election to proceed on the basis of the unconstitutional results in Defendant States.
6. Declare that the President, Attorney General, and Vice-President violated the Take Care Clause by failing to act to remedy the violations of the Constitution in the November 2020 election.
7. Enjoin the use of vacated certifications in Defendant States’ use of the 2020 election results for the Office of President to appoint presidential electors to the Electoral College.
8. Declare that the counting of electoral votes in the Joint Session of Congress on January 6-7, 2021, violated the Electors Clause, the Due Process Clause, the Guarantee Clause, the Take Care Clause, and the Twelfth Amendment, and vacate that count.
9. Enjoin the Officer Defendants to convene special sessions of the House of Representatives and the Senate to vote for the President and Vice-President, respectively, pursuant to the Twelfth Amendment.
10. Alternatively, authorize, pursuant to the Court’s remedial authority, the Defendant States to conduct a special election to appoint presidential electors.
11. Alternatively, authorize, pursuant to the Court’s remedial authority, the Defendant States to conduct an audit of their election results, supervised by a Court-appointed special master, in a manner to be determined separately.
12. Enjoin Defendant States’ use in future elections of revisions adopted by non-legislative actors to the election laws enacted by the state legislatures unless the legislature ratifies any such revisions by enacting them as state law before the election.
13. Award costs to Plaintiff State.
14. Grant such other relief as the Court deems just and proper.
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November __, 2021 |
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