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!
Cha
(296,881 posts)TY BRDS
FarPoint
(12,293 posts)Does Trump believe the fix is in? Is the fix really "In" I ask the question we all shun away from...
Locutusofborg
(524 posts)Let's all just wait and see what happens.
BumRushDaShow
(128,527 posts)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 -
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)Now he will have to go back to having everything.
William Seger
(10,775 posts)truthisfreedom
(23,140 posts)George II
(67,782 posts)BumRushDaShow
(128,527 posts)Link to tweet
TEXT
@JohnFetterman
If the Presidents campaign doesnt 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
Link to tweet
TEXT
John Fetterman
@JohnFetterman
·
Nov 28, 2020
Replying to @JohnFetterman
Looking forward to the 4D chess spin from the snake handlers how its 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)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.
Link to tweet
BumRushDaShow
(128,527 posts)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).
marble falls
(57,014 posts)JohnnyRingo
(18,619 posts)...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
mahatmakanejeeves
(57,319 posts)is it good when your lawyers bail for this reason
Link to tweet
so close
Link to tweet