Welcome to DU! The truly grassroots left-of-center political community where regular people, not algorithms, drive the discussions and set the standards. Join the community: Create a free account Support DU (and get rid of ads!): Become a Star Member Latest Breaking News General Discussion The DU Lounge All Forums Issue Forums Culture Forums Alliance Forums Region Forums Support Forums Help & Search

BumRushDaShow

(128,527 posts)
Sat Nov 28, 2020, 08:21 PM Nov 2020

Pa. Supreme Court dismisses lawsuit to throw out mail-in ballots

Source: WTAE

PITTSBURGH — A lawsuit filed by several GOP members, including Congressman Mike Kelly and congressional candidate Sean Parnell, was thrown out by the Pennsylvania Supreme Court Saturday. The Pa. Supreme Court cited how late the lawsuit was filed as part of the reason why it was thrown out. The lawsuit was filed last weekend.

"It is not our role to lend legitimacy to such transparent and untimely efforts to subvert the will of Pennsylvania voters. Courts should not decide elections when the will of the voters is clear," Justice Wecht wrote.

The lawsuit aimed to throw out all mail-in ballots cast in the Nov. 3 election, arguing that provisions in recently passed Act 77 were unconstitutional.

The plaintiffs called for mail-in ballots that they alleged did not meet "Constitutional requirements" to not be certified and for only "legal votes" to be certified, or for the Pennsylvania General Assembly to choose the electors and compensate the legal costs of the plaintiffs.

Read more: https://www.wtae.com/article/pa-supreme-court-dismisses-lawsuit-to-throw-out-mail-in-ballots/34811647



And THAT is the end of that!
18 replies = new reply since forum marked as read
Highlight: NoneDon't highlight anything 5 newestHighlight 5 most recent replies
Pa. Supreme Court dismisses lawsuit to throw out mail-in ballots (Original Post) BumRushDaShow Nov 2020 OP
Democracy OVER Voter Suppression WINS AGAIN! Cha Nov 2020 #1
Yes! BumRushDaShow Nov 2020 #2
Will this ultimately make it to the US Supreme Court? FarPoint Nov 2020 #3
How can anyone predict the future? Locutusofborg Nov 2020 #5
The PA State Supreme Court ruled on state law BumRushDaShow Nov 2020 #10
So sad trumps money and lawyers can't buy him the win. pwb Nov 2020 #4
"and compensate the legal costs of the plaintiffs" William Seger Nov 2020 #6
YAY! Cha Nov 2020 #9
I'm not tired of all the winning... we win! truthisfreedom Nov 2020 #7
UNANIMOUS!!! George II Nov 2020 #8
Yup! Our Lt. Governor John Fetterman has been non-stop trolling all week! BumRushDaShow Nov 2020 #11
The Republican bad faith and cynicism here was just appalling. ... Just genuinely shitty Americans. mahatmakanejeeves Nov 2020 #12
And the entire GOP conference, save for one Representative, voted for Act 77 BumRushDaShow Nov 2020 #13
Only Trump and his "lawyers" are suprised. marble falls Nov 2020 #14
I live in NE Ohio and Mike Kelly is... JohnnyRingo Nov 2020 #15
Is it good when your lawyers bail for this reason? mahatmakanejeeves Nov 2020 #16
"Dismissed...with prejudice". Laughed out of court, and never bring that garbage around here again! Baclava Nov 2020 #17
K&R ck4829 Nov 2020 #18

FarPoint

(12,293 posts)
3. Will this ultimately make it to the US Supreme Court?
Sat Nov 28, 2020, 08:42 PM
Nov 2020

Does Trump believe the fix is in? Is the fix really "In" I ask the question we all shun away from...

BumRushDaShow

(128,527 posts)
10. The PA State Supreme Court ruled on state law
Sat Nov 28, 2020, 09:15 PM
Nov 2020

and in the past, the SCOTUS has honored "States Rights" and doesn't even bother.

As it is, both state AND federal courts have laughed these loons out of court. In this particular case, aside from having not raised any objections within the explicit statuatory timeframes encoded in the law (Act 77) where constitutional objections would needed to have been made within 6 months after passage (i.e., on before April 28, 2020) -

From Act 77 -

PENNSYLVANIA ELECTION CODE - OMNIBUS AMENDMENTS
Act of Oct. 31, 2019, P.L. 552, No. 77 Cl. 25

Session of 2019
No. 2019-77
SB 421

AN ACT

(snip)

Section 12. Repeals are as follows:

(snip)

(2) The Pennsylvania Supreme Court has exclusive jurisdiction to hear a challenge to or to render a declaratory judgment concerning the constitutionality of a provision referred to in paragraph (1). The Supreme Court may take action it deems appropriate, consistent with the Supreme Court retaining jurisdiction over the matter, to find facts or to expedite a final judgment in connection with such a challenge or request for declaratory relief.

(3) An action under paragraph (2) must be commenced within 180 days of the effective date of this section.


Section 14. This act shall apply to elections held on or after April 28, 2020.

Section 15. This act shall take effect as follows:

(1) The addition of section 207 of the act shall take effect in 180 days.

(2) The amendment of section 908 of the act shall take effect in 60 days.

(3) The remainder of this act shall take effect immediately.



APPROVED--The 31st day of October, A.D. 2019.



TOM WOLF


the "evidence" they were arguing was taking data from the primary election with respect to the number of no-excuse absentee ballots sent out and doing the Frankenstein patchwork stitching of that to the general election number of ballots sent out and received back, to claim there were "over votes".

pwb

(11,252 posts)
4. So sad trumps money and lawyers can't buy him the win.
Sat Nov 28, 2020, 08:43 PM
Nov 2020

Now he will have to go back to having everything.

BumRushDaShow

(128,527 posts)
11. Yup! Our Lt. Governor John Fetterman has been non-stop trolling all week!
Sat Nov 28, 2020, 09:20 PM
Nov 2020





TEXT

John Fetterman
@JohnFetterman
If the President’s campaign doesn’t stop losing, the Cleveland Browns are gonna sue for trademark infringement.
Jeremy Roebuck
@jeremyrroebuck
BREAKING: Pennsylvania Supreme Court dismisses GOP Congressman Mike Kelly's bid to throw out every mail ballot cast in the state -- this was the case that led to Wednesday's quickly stayed order barring further certification of state results.
6:42 PM · Nov 28, 2020 from Braddock, PA





TEXT

John Fetterman
@JohnFetterman
·
Nov 28, 2020
Replying to @JohnFetterman
Looking forward to the 4D chess spin from the snake handlers how it’s all been part of the plan.

John Fetterman
@JohnFetterman
Unanimous decision too.
GIF
7:04 PM · Nov 28, 2020 from Braddock, PA

mahatmakanejeeves

(57,319 posts)
12. The Republican bad faith and cynicism here was just appalling. ... Just genuinely shitty Americans.
Sat Nov 28, 2020, 09:48 PM
Nov 2020
The Republican bad faith and cynicism here was just appalling: vote to approve the voting method, wait until after the election, then challenge it as unconstitutional to disenfranchise everyone who used it. Just genuinely shitty Americans.



BumRushDaShow

(128,527 posts)
13. And the entire GOP conference, save for one Representative, voted for Act 77
Sat Nov 28, 2020, 10:44 PM
Nov 2020

where it made the changes to the election law that expanded the absentee voting provision to allow for "no-excuse" absentee voting (although they still kept the regular absentee ballot provisions in place that includes a list of specific reasons for being absent from the polling place, and each of these types of absentee ballot requests requires a different application).

Their "Hail Mary" was that someone would ignore the fact that Act 77 explicitly mentions that if there are any issues with respect to the constitutionality of the law, then those objections must be made within 6 months after passage. And since the law was signed on October 31st, 2019, we are now over a year since the bill became law and over 6 months beyond the drop-dead date for when they could file legal constitution-based suits (the law indicates April 28, 2020 as the cutoff as that was the original date of the 2020 Primary-- at least until they delayed that due to the COVID-19 outbreak, and moved the Primary to June 2, 2020, but that didn't change the statutory date for provision objections).

I think there were 26 GOP loons that signed onto this. The PA State House has 203 total members (113 of which are GOP members).

JohnnyRingo

(18,619 posts)
15. I live in NE Ohio and Mike Kelly is...
Sat Nov 28, 2020, 11:43 PM
Nov 2020

...my legislative neighbor in Pennsylvania. I had to suffer through his horrible ads this fall. He's as gruff as Lou Grant from the Mary Tyler Moore show and unlikable as Harvey Weinstein. He appears to have two black caterpillars crawling across his forehead and has no neck to speak of. He cut these commercials of him pretending to listen to factory foremen and farmers, all the while with a toothy smile that looks like it was painted onto a Mr Potato head. It took me somewhat aback for a while.

I wondered how he keeps winning with all that toasty warm charm, but I realized it's because he's a republican's republican. He a mean old fuck who would starve a child to follow the party line.

It's good that his name was featured predominately on an embarrassing failed lawsuit

Latest Discussions»Latest Breaking News»Pa. Supreme Court dismiss...