Pennsylvania Ping!
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My PA County ordered ballots for 110% of the registered voters in each district.
Overage to allow for ballots spoiled by voter error.
Posted on 11/29/2022 8:31:36 PM PST by lightman
U.S. Rep. Matt Cartwright (D-Pa.) on Tuesday sued the board of elections of a Pennsylvania county that didn’t have enough paper ballots on Election Day for failing to certify his victory by the Nov. 28 deadline.
Cartwright was named the winner on Nov. 9, over Trump-endorsed business owner Jim Bognet, a Republican, in Pennsylvania’s 8th Congressional District.
The Luzerne County Board of Elections was left deadlocked on Nov. 28 after two Republican board members voted not to certify, two Democrat board members voted to certify, and one Democrat board member abstained from voting, splitting the results.
Cartwright’s lawsuit is requesting the court mandate the “immediate certification of his victory,” according to Democracy Docket, a progressive media platform founded by top Democrat lawyer Marc Elias.
“County boards must ‘compute and certify the votes justly regardless of any fraudulent or erroneous returns presented to it and shall report the facts to the district attorney of the proper county for action,'” the complaint states (pdf).
“None of the Board members provided any legal citation or justification for failing to certify the election,” the complaint states.
Cartwright asserts in his lawsuit that the board has “violated its statutory duty” to certify the election by the third Monday following Election Day, and that it would continue to do so unless the court intervenes.
“In Pennsylvania, certification of election results by a county board of elections is a ministerial act—one which the board is required to perform and has no discretion to refuse,” the complaint states.
The board “must comply” regardless of whether they agree with the results, according to the complaint.
Cartwright’s complaint asserts that “oblique references to irregularities” in the electoral process haven’t been “established in court or supported with any evidence that could call the election results into question.”
‘I Can’t With Good Conscience Certify This Election’
On Nov. 28, Democrat board members Denise Williams and Audrey Serniak voted in favor of the certification, while Republican board members Alyssa Fusaro and Jim Mangan abstained, according to the Times Leader. Democrat board member Daniel Schramm was the lone board member to abstain.
Fusaro and Mangan cited voters being turned away from polling places on Nov. 8 due to a lack of ballots as the reason they wouldn’t certify the results. Fusaro said that voters were turned away from polling places, no privacy protections were in place, and that machines jammed and ran out of paper.
“There were so many challenges, so many issues, so many problems, so many concerns, that I can’t with good conscience certify this election,” Fusaro said, stating that a new election should be held.
At the hearing, Schramm said that he’s “not a rubber stamper” and that he needs more time to examine a reconciliation report. The Times Leader reported that he also wants to investigate the allegations made by voters on Election Day.
Mangan said that throughout the adjudication phase, the board “made every attempt” to accept every possible ballot. He said that the paper ballot problems caused Luzerne County’s government to have a “humiliating experience” that made headlines across the world.
The ballot paper shortage and other issues on Election Day are being investigated by the Luzerne County District Attorney’s Office
Pennsylvania Ping!
Please ping me with articles of interest.
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My PA County ordered ballots for 110% of the registered voters in each district.
Overage to allow for ballots spoiled by voter error.
If their certification function is ministerial, then what's the point of them certifying? It would be a meaningless thing to do.
This "ministerial" claim seems fishy.
That assertion is from the plaintiff, not a quotation from the statute.
I agree: If they MUST certify fraud pro forma, what is the purpose of having a Board of Elections?
If election boards are “required” to certify elections regardless of fraud, then why require certification? It is essentially automatic so board votes are meaningless.
zactly!
The law does not require futile acts.
Any process that is not auditable is on its face fradulent. The election process in PA is not auditable. There fore it is fraudulent.
And I’ll bet he wins.
Same crap as AZ.
If they cannot reject the vote, how are we to place ANY faith in the ‘confirmation’?
Makes absolutely no sense. While there may well be some convoluted legal “logic” involved, that does NOT make it amy more palatable to We, The People...
Vote for us or go to jail.
Sounds like coup not ‘ democracy”
This has been going on for years. The Demonrats will NOT stop. It became obvious to everyone on Nov. 4, 2020 that cheating was legion. They have successfully destroyed our once great nation.
Vote for dems only ?
No choice ?
Democracy ?
Pffft.
Spit.
“In Pennsylvania, certification of election results by a county board of elections is a ministerial act—one which the board is required to perform and has no discretion to refuse,” the complaint states.
The board “must comply” regardless of whether they agree with the results, according to the complaint.”
Just like the VP in Presidential elections, eh? Yeah, those checks and balances were meant to be “ceremonial” and “ministerial”.
ESAD Dems.
PASC? Bet on it.
ministerial act
/\
There’s a weasel sentance if I’ve ever seen one.
Again, if state law provides that machines must be in working order after formatting and testing - UNLAWFUL. If voters are being turned away from the polling place because of machine problems, that is voter suppression, and renders entire election UNLAWFUL.
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