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NEW: A group of 8 Republicans, including Congressman Mike Kelly & PA-17 candidate Sean Parnell are suing the GOP majority PA General Assembly, Gov. Tom Wolf, and Sec. of State Kathy Boockvar, claiming Act 77, which allowed for mail-in voting, is unconstitutional. THREAD /1
Act 77 passed with majority Republican support in a GOP-controlled legislature in 2019. It allowed for mail-in voting and eliminated straight party ticket ballots. It passed the House 138-61, with only one GOP "No" vote. It passed the Senate 30-20 with all GOP voting "Yes". /2
In the lawsuit, filed this morning in Commonwealth Court, plaintiffs say Act 77 is "unconstitutional," and "implemented illegally." They argue it's an illegal attempt to override limitations on absentee voting, and needed to go through a constitutional amendment first /3
Plaintiffs in lawsuit say the certification of the election, which Joe Biden is currently leading by 80,000 in race for President, and which Rep. Kelly won and Mr. Parnell lost, should be prohibited.
Here is the complaint introduction from the Commonwealth Court filing /5pic.twitter.com/OdF3hdUpwS
NEW: Last night on CNN, former Pa. Rep. Charlie Dent said sources told him incoming Pa. Senate Pro Temp @JakeCorman & Pa. House Speaker @RepBryanCutler were going to meet w/ @realDonaldTrump.
Both Corman & Cutler spox tell me they are not going to WH and haven't been invited. /6
UPDATE: The “petitioners” in this lawsuit, Kelly, Parnell, et al, apparently have not properly filed the lawsuit and have until Monday at 10am to properly file with @PAAttorneyGen Josh Shapiropic.twitter.com/mZd86oyaNn
UPDATE: Republican judge on Commonwealth Court ordered stoppage of further vote certification. Democratic Governor asks Democratic-majority State Supreme Court to step in.https://apnews.com/article/joe-biden-pennsylvania-mike-kelly-elections-tom-wolf-c79f3356b29a1a25ff5eabfb059f3a5c …
NEW: After Judge McCullough ordered a stop to further Pennsylvania election certification, she wrote a memo opinion that there will be an expedited evidentiary hearing on the matter (cont)
Judge McCullough wrote tonight that petitioners (Rep. Kelly, Parnell, et al) “appear to have established a likelihood to succeed on the merits” and that they have a “viable claim” Act 77 (allowing mail-in ballots) is unconstitutional.pic.twitter.com/9Ozc2eNDZZ
Judge McCullough agrees that lawsuit from Kelly, Parnell, et al would result in the “disenfranchisement of nearly seven million Pennsylvanians” who voted. However, McCullough is allowing further hearing due to idea people have the constitutional right to a free and fair election.pic.twitter.com/JIOs3v6yFs
“Respondents” (AG Shapiro) have already appealed to State Supreme Court to stop this and allow further certification. Now appears emergency hearing on matter will soon follow at a date and time TBD in Commonwealth Court.
BREAKING: Supreme Court of Pa. dismisses case brought forward by Congressman Mike Kelly, PA-17 candidate Sean Parnell, and other Republicans, trying to declare Act 77 (mail-in voting) unconstitutional. More to follow.
Majority opinion by Justice Wecht: “Petitioners could have brought this action at any time” b/t signage of Act 77 & April 28, 2020. They “certainly knew all facts relevant to their present claims during that entire period.”
More Wecht: “Petitioners cannot carry their enormous burden. They have failed to allege that even a single mail-in ballot was fraudulently cast or counted.”
More Wecht: “Having delayed this suit until two elections were conducted under Act 77’s new, no-excuse mail-in voting system, Petitioners—several of whom participated in primary elections under this system without complaint—play a dangerous game at the expense of every PA voter.”
Concurring and dissenting opinion from SCOPA Judge Saylor, agreeing with the majority: “There’s been too much good-faith reliance, by the electorate, on the no-excuse mail-in voting regime created by Act 77 to warrant judicial consideration of the extreme and untenable remedies.”
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