Former ethics czar Richard Painter and 15 other current and former Republicans signed onto a "Friend of the Court" letter to the U.S. Supreme Court asking them to butt out of state election rules.
According to the lawyers, the Supreme Court would be side-stepping the Tenth Amendment if it makes decisions about state laws.
"By seeking to draw this Court into a conflict over state courts interpreting state laws, Applicants are threatening our federalist system, confidence in the rule of law, and impartial justice," they wrote. "Amici’s public service to their country included advancing the sacred principle that eligible American citizens should be able to exercise their right to vote, a cornerstone of our democratic system."
The letter was in opposition to a Republican National Committee and state GOP-filed lawsuit asking the top federal court to step in to consider election rules in Pennsylvania just days before the vote.
On Wednesday, Pennsylvania's Supreme Court ruled election officials had to count provisional ballots cast by voters whose mail-in ballots had been rejected, upholding a similar decision from a lower court in September.
The RNC had argued that was against the Election Code. The RNC could now ask the Supreme Court to get involved.
"The emergency application for a stay brought by the Republican National Committee and the Republican Party of Pennsylvania (“Applicants”) improperly asks this Court to step in and stay the Pennsylvania Supreme Court’s interpretation of Pennsylvania election law made in accordance with principles of statutory interpretation laid out by the Pennsylvania legislature," the legal experts said.
Article I of the Constitution gives states authority to conduct elections.
"The request for a stay asks this Court to abandon fundamental principles of federalism that leave matters of state law to be decided by state courts absent extraordinary circumstances that are not present here," the brief continues. "A stay would also prevent some unknown number of voters— individuals who are eligible to vote and who intend to vote—from exercising their right to vote in upcoming national elections. Applicants’ request should be denied."
Those who signed the letter include Republican election lawyer Trevor Potter, a former chairman of the Federal Election Commission and general counsel to Sen. John McCain's 2008 campaign for president.
