PA Republicans Sue to Block Vote Certification Over Allegedly Unconstitutional Mail-In Voting Policy

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A handful of Republicans in Pennsylvania are suing the state in an attempt to block the certification of the election results, claiming that its recently-passed vote-by-mail statute contradicts the state’s constitution.

The suit, which undermines the state’s 2019 Act 77 which allows for mail-in voting for any reason, was brought by plaintiffs Rep. Mike Kelly (R-PA), Republican congressional candidate Sean Parnell, and Pennsylvania House of Representatives candidate Wanda Logan.

“Act 77 is the most expansive and fundamental change to the Pennsylvania voting code, implemented illegally, to date,” the lawsuit, filed in the Commonwealth Court of Pennsylvania, declares. “As with prior historical attempts to illegally expand mail-in voting by statute, which have been struck down going as far back as the Military Absentee Ballot Act of 1839, Act 77 is another illegal attempt to override the limitations on absentee voting prescribed in the Pennsylvania Constitution, without first following the necessary procedure to amend the constitution to allow for the expansion.”

Nearly all of the bill’s sponsors in the Pennsylvania Senate were Republicans, and the bill was signed into law by Pennsylvania’s Democratic Governor Tom Wolf in October of last year.

The suit is vehemently opposed by Democrats in the state. Marc Elias, a top attorney heading up the Democrats’ post-election legal efforts, dismissed the suit as “frivolous.”

“Republican Congressman Mike Kelly has filed a new frivolous lawsuit in Pennsylvania seeking to block the state from certifying the election results and having the state legislature choose electors,” Elias wrote in a Saturday tweet. “This is absolutely shameful.”

President Donald Trump, however, countered Elias directly.

“This is not at all frivolous,” the president said, according to The Epoch Times. “It is brought on behalf of one of the most respected members of the United States Congress who is disgusted, like so many others, by an Election that is a fraudulent mess. Fake ballots, dead people voting, no Republican Poll Watchers allowed, & more!”

This suit follows the dismissal by a federal judge of another suit brought in Pennsylvania by the Trump campaign, which claimed that more than 682,000 mail ballots were processed without Republican observers present.

Rudy Giuliani, the Trump campaign’s lead attorney, praised the dismissal as a crucial step in bringing it before the Supreme Court.

“Today’s decision turns out to help us in our strategy to get expeditiously to the U.S. Supreme Court,” Giuliani said in a statement, according to the Epoch Times. “Although we fully disagree with this opinion, we’re thankful to the Obama-appointed judge for making this anticipated decision quickly, rather than simply trying to run out the clock.”

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