PA lawsuit in Commonwealth Court to enjoin certification of election

The Week ^ | November 21, 2020 | Tim O'Donnell

[Dr. Franklin]

A group of Republicans, including Rep. Mike Kelly (R-Pa.) are launching a lawsuit — in the hopes of blocking the certification of Pennsylvania's election results — that claims a state law passed in 2019 allowing for universal mail-in voting is unconstitutional. If that were the case, mail-in ballots would be invalidated, likely swinging the state back to President Trump.

[Dr. Franklin]

If the pattern holds, Commonwealth Court will issue the injunction enjoining the SoS from certifying the election, and then the PA Supreme Court will reverse. If nothing else, that would buy a little more time, but SCOTUS needs to get in the game fast.

[dp0622]

That would be great.

We need to get biden under 270 by January

[RummyChick]

thanks for posting. Did they bring up the severability clause?

btw, I remember you saying wait until tomorrow.

[libertylover]

They argue it's an illegal attempt to override limitations on absentee voting, and needed to go through a constitutional amendment first.

Anyone know the wording of the Pennsylvania Constitution regarding this?

[MileHi]

that claims a state law passed in 2019 allowing for universal mail-in voting is unconstitutional.

I'd like to know their reasoning here. If they prevail can that be applied to CO?

[lightman]

Pennsylvania Ping!

Please ping me with articles of interest.

FReepmail me to be added to the list.

[Reno89519]

They may rule it unconstitutional, but at the same time since it did get used for the election, they’ll except the votes in the interest of the voters. This won’t change the election result. But we need to hear about our votes that were cast blatantly illegal beyond what the courts already allowed.

[rolling_stone]

§ 14. Absentee voting.
(a) The Legislature shall, by general law, provide a manner
in which, and the time and place at which, qualified electors
who may, on the occurrence of any election, be absent from the
municipality of their residence, because their duties,
occupation or business require them to be elsewhere or who, on
the occurrence of any election, are unable to attend at their
proper polling places because of illness or physical disability
or who will not attend a polling place because of the observance
of a religious holiday or who cannot vote because of election
day duties, in the case of a county employee, may vote, and for
the return and canvass of their votes in the election district
in which they respectively reside.
(b) For purposes of this section, “municipality” means a
city, borough, incorporated town, township or any similar
general purpose unit of government which may be created by the
General Assembly.
(Nov. 5, 1957, P.L.1019, J.R.1; May 16, 1967, P.L.1048, J.R.5;
Nov. 5, 1985, P.L.555, J.R.1; Nov. 4, 1997, P.L.636, J.R.3)

1967 Amendment. Joint Resolution No.5 renumbered former
section 14 to present section 11 and amended and renumbered
former section 19 to present section 14.
1957 Amendment. Joint Resolution No.1 added present section
14 (formerly section 19).

[rolling_stone]

looks like they have a ppoint constitution places limits on who can vote absentee

[Alter Kaker]

I'd like to know their reasoning here. If they prevail can that be applied to CO?

They won't prevail, but if somehow they did the claim is specific to Pennsylvania law and the Pennsylvania Constitution.

[Dr. Franklin]

Article VII of the Pennsylvania Constitution link here:
https://ballotpedia.org/Article_VII,_Pennsylvania_Constitution
A copy of the complaint is here:
https://www.democracydocket.com/wp-content/uploads/sites/45/2020/11/2020-11-21-Kelly-v.-Commonwealth-Complaint-620MD20-PFR.pdf
They have a good argument that the political PA Supreme Court will have difficulty refuting.

[Dr. Franklin]

From a quick read and search, I don’t see severability mentioned in the complaint. It could be a defense, but it does appear that abesentee balloting violates the PA Constitution except those absent or unable to come to the polling station. That was done for good reason, now ignored by the present elites, like many constitutional issues.

[Dr. Franklin]

My prediction is that the Commonwealth Court will find it unconstitutional, but the PA Supreme Court will hold that the PA Constitution can be violated due to Covid concerns.

[miserare]

Welcome to Free Republic.

[M Kehoe]

Hi.

Welcome to the Resistance.

5.56mm

[Dr. Franklin]

I’ve considered myself a political dissident for some time now.

[Savage Rider]

The case seems to have solid, easy to understand logic behind it. I cannot speak to the standing of the plaintiffs or the timing of the suit. PA district judges are looking for any reason to throw out the suits. If they are going to do that, they need to do it quickly so plaintiffs can move up to the next court.

[Savage Rider]

Severability is mentioned near the end.

[miserare]

When I filled out my ballot application (Lycoming County, PA.) I had to put down my driver’s license info, my Social Security #, and my doctor’s name and phone number. My reason for requesting an absentee ballot was physical disability.

I wonder if the thousands of people who mailed in ballots from Philly and Pittsburgh had to do this?

[jdsteel]

My prediction is that the Commonwealth Court will find it unconstitutional, but the PA Supreme Court will hold that the PA Constitution can be violated due to Democrats.

Then to SCOTUS.