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To: bitt

Here it is, with a pretty straightforward explanation and opionion:

https://legalinsurrection.com/2020/11/pennsylvania-state-judge-halts-certification-finds-likelihood-mail-in-balloting-procedures-violate-pa-constitution/amp/?__twitter_impression=true

Here are the relevant sections of the PA xonstitution:

https://legalinsurrection.com/2020/11/pennsylvania-state-judge-halts-certification-finds-likelihood-mail-in-balloting-procedures-violate-pa-constitution/amp/?__twitter_impression=true

https://www.legis.state.pa.us/cfdocs/legis/LI/consCheck.cfm?txtType=HTM&ttl=00&div=0&chpt=11&sctn=1&subsctn=0


94 posted on 11/27/2020 11:25:08 PM PST by 9YearLurker
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To: 9YearLurker

“Pennsylvania Constitution

Petitioners allege that Article VII, section 14 of the Pennsylvania Constitution provides two exclusive mechanisms by which a qualified elector may cast his or her vote in an election:

(1) by submitting his or her vote in propria persona at the polling place on election day; and

(2) by submitting an absentee ballot, but only if the qualified voter satisfies the conditions precedent to meet the requirements of one of the four, limited exclusive circumstances under which absentee voting is authorized under the Pennsylvania constitution. (Petition, ¶16.)

Petitioners allege that mail-in voting in the form implemented through Act 77 is an attempt by the legislature to fundamentally overhaul the Pennsylvania voting system and permit universal, no-excuse, mail-in voting absent any constitutional authority. Id.,

¶17. Petitioners argue that in order to amend the Constitution, mandatory procedural requirements must be strictly followed. Specifically, pursuant to Article XI, Section 1, a proposed constitutional amendment must be approved by a majority vote of the members of both the Pennsylvania House of Representatives and Senate in two consecutive legislative sessions, then the proposed amendment must be published for three months ahead of the next general election in two newspapers in each county, and finally it must be submitted to the qualified electors as a ballot question in the next general election and approved by a majority of those voting on the amendment. According to Petitioners, the legislature did not follow the necessary procedures for amending the Constitution before enacting Act 77 which created a new category of mail-in voting; therefore, the mail-in ballot scheme under Act 77 is unconstitutional on its face and must be struck down. Id.,...”


112 posted on 11/28/2020 3:03:28 AM PST by tired&retired (Blessings )
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To: 9YearLurker

From your link to Legal Insurrection:

“”””The Judge expressed grave concern as to what a remedy would be if she were to rule the mail-in balloting unconstitutional,””””

I would think the remedy is this:
PA Legislature becomes the party to determine whether Trump or Biden electors go to the Electoral College.

PA does a revote on all other offices.

I would suggest you post the Legal Insurrection articles.


125 posted on 11/28/2020 5:44:47 AM PST by Presbyterian Reporter
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