Ted Cruz says he’ll present election mail-in ballot lawsuit to SCOTUS if it takes the case

Pennsylvania group wants 2.5 million ‘unconstitutional’ mail-in ballots thrown out to help Trump

Ted Cruz says he will present Pennsylvania mail-in ballot lawsuit if SCOTUS takes it (POOL/AFP via Getty Images)

Ted Cruz says he will present the Pennsylvania election mail-in ballot lawsuit if the Supreme Court decides to hear it.

The senator from Texas will front Congressman Mike Kelly’s attempt to overturn the election for Donald Trump if the country’s top court choses to take it.

Mr Kelly wants the Supreme Court to throw out more than 2.5 million mail-in votes cast in the 3 November election.

If those votes were declared unconstitutional it could give Mr Trump a victory in Pennsylvania, which Joe Biden won by 80,000 votes.

But it would still leave Mr Biden with more than the 270 electoral votes he needed to take the White House.

The president-elect has a projected 306 electoral votes to Mr Trump’s 232.

Pennsylvania’s Supreme Court has already thrown out the case and the US Supreme Court would need to take, hear and rule on the case by 14 December to uphold the state’s 20 electoral votes for Mr Biden.

“Because of the importance of the legal issues presented, I've publicly urged SCOTUS to hear the case brought by Congressman Mike Kelly, congressional candidate Sean Parnell & state rep candidate Wanda Logan challenging the constitutionality of the POTUS election results in PA,” tweeted Mr Cruz.

“Petitioners’ legal team has asked me whether I would be willing to argue the case before SCOTUS , if the Court grants certiorari. I have agreed, and told them that, if the Court takes the appeal, I will stand ready to present the oral argument.

“As I said last week, the bitter division and acrimony we see across the Nation needs resolution.  I believe SCOTUS has a responsibility to the American People to ensure, within its powers, that we are following the law and following the Constitution.”