AG Paxton Urges Dismissal of Lawsuit Challenging Texas’ Electoral College System

A legal team from Attorney General Ken Paxton’s office today urged the U.S. District Court in San Antonio to dismiss a lawsuit challenging the time-honored Electoral College system used in every presidential election since 1789.

“My office’s legal team did a superb job defending the stable and successful presidential election system designed by our Founders and enshrined in our Constitution. That system has been used by the states for more than two centuries, dating back to the first election of George Washington,” Attorney General Paxton said.

“It’s no coincidence that every lawsuit asking the courts to upend the Electoral College has failed. Changing or eliminating the Electoral College can only be done by an amendment to the Constitution, which is reason enough the district court should dismiss this latest legal challenge. The Electoral College system ensures the people living in Texas and other states have a voice in determining who will be their president.”

A federal lawsuit filed against Texas last March seeks to end the State’s practice of awarding every Electoral College elector to the winning presidential candidate in each state. Texas is among 48 states and the District of Columbia that appoint its presidential electors through a statewide winner-take-all system. Nearly 50 years ago, the U.S. Supreme Court affirmed a decision rejecting the argument that the Electoral College system is unconstitutional.

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