Whether the elector dispute resolution provisions of the Electoral Count Act, 3 U.S.C. 5 and 3 U.S.C. 15, violate the Electors Clause and the Twelfth Amendment of the U.S. Constitution; The plaintiffs ask for a declaratory judgment finding that under the Twelfth Amendment Vice President Pence has exclusive authority and sole discretion to determine which electoral votes to count for a given state.
Whether non-legislative actors in Pennsylvania, Georgia, Michigan, and Wisconsin "amended" those states' election laws in violation of the Electors Clause of the U.S. Constitution; Whether differences in how election officials treated voters within the state depending on whether the local government was under Democratic or Republican control violated the Equal Protection Clause of the U.S. Constitution; Whether election officials violated the Due Process Clause of the U.S. Constitution by lowering election standards such as by counting invalid ballots and not counting valid ballots; The plaintiff asks the Court to enjoin the use of the allegedly unlawful election results in these states, and remand the matter to the respective state legislatures for the appointment of Presidential electors consistent with the Electors Clause.
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