Butler-Area representative Mike Kelly, PA-18 candidate Sean Parnell & others suing Pennsylvania to invalidate all mail-in ballots.

They're claiming that Act 77's provisions allowing mail-in voting are unconstitutional and certification of the election should be prohibited.
Act 77, Pennsylvania's new election code which expanded mail-in ballots, was passed by Republican majorities in both the House and Senate, and signed by Democratic Governor Tom Wolf.

This suit, filed today, weeks after the election, says Act 77 violates the PA constitution.
Suit acknowledges certification of results is underway and says if these votes are, in fact, invalidated, then it should be up to the Republican legislature to determine who Pennsylvania's electors should cast their votes for in the Electoral College.
The general thrust of why they're saying Act 77 is illegal is because the Pennsylvania constitution prohibits expanding absentee voting in the way that Act 77 did.

They argue the constitution only outlines 4 conditions which allows Pennsylvanians to vote absentee.
I'm not a lawyer, so I'll leave any analysis to experts.

That said, I spoke with a House Republican spokesman many times covering the election. One thing Republicans were REALLY upset about was the rulings of the PA Supreme Court, specifically on the ballot extension deadline.
The argument he made was that the U.S. Constitution says state legislatures and state legislatures alone make election law.

Article 1 Sec 4 of the U.S. Constitution leaves it to the legislature to make election laws.

This suit alleges the legislature acted unconstitutionally.
This was filed in state court.

Will a court throw out 2.5 million votes?

We'll follow any developments as they happen.

*pa-17 candidate Sean Parnell* my apologies for the error.

• • •

Missing some Tweet in this thread? You can try to force a refresh

Keep Current with David Kaplan

David Kaplan Profile picture

Stay in touch and get notified when new unrolls are available from this author!

Read all threads

This Thread may be Removed Anytime!


Twitter may remove this content at anytime! Save it as PDF for later use!

Try unrolling a thread yourself!

how to unroll video
  1. Follow @ThreadReaderApp to mention us!

  2. From a Twitter thread mention us with a keyword "unroll"
@threadreaderapp unroll

Practice here first or read more on our help page!

More from @DKaplanWTAE

21 Nov

Federal Judge Matthew Brann has dismissed the Trump Campaign lawsuit and has included some strong language in his opinion.

"...This court has been presented with strained legal arguments without merit and speculative accusations...unsupported by evidence." Image
BRANN: "In the United States of America, this cannot justify the disenfranchisement of a single voter, let alone all the voters of its sixth most populated state. Our people, laws, and institutions demand more."

Reading through more of opinion now. Additions to thread shortly.
One of Trump campaign's arguments was an inconsistency btw counties about "curing" ballots. Secretary of State Boockvar gave a guidance to ALL counties about letting voters correct ballots, but it appears only SOME took advantage of that.

Brann says all counties had opportunity. Image
Read 11 tweets
17 Nov

Trump campaign lawsuit trying to prevent Pennsylvania from not certifying it's results.

Spoke to a constitutional law expert last week who walked me through the 2 key components in *this* case.


Penn Law professor Kermit Roosevelt basically says Trump campaign needs to prove widespread voter fraud


The election was administered so poorly that it favored one candidate over another and that it wasn't fundamentally fair.
Thus far, no proof of widespread, malicious voter fraud in Pa, nor has any been laid out in the court doc filed by the Trump team.

Election administration claims center largely around 'curing' of ballots. But no evidence that R's or D's were given different opps w/in a county.
Read 56 tweets
17 Nov

10:00: Allegheny County hearing on whether or not to count about 2,000 ballots received on time, had everything right, except the person signed, but didn't date their ballot.

1:30: Trump campaign lawsuit in PA, federal court.
I'll have a separate thread for the federal case.

But some context for this first hearing.

The Allegheny County Elections Board voted 2-1 to count these unsigned ballots.

The campaign for Nicole Ziccarelli (R) filed an appeal. She & Jim Brewster (D) are dozens of votes apart.
Elections Board voted 2-1 to count these ballots.

Lone dissenter was Republican Sam DeMarco, who said "sadly, no" when he voted.

Letter of the law says declarations must be signed AND DATED, which is why he voted no.

Rich Fitzgerald and Bethany Hallam voted yes.
Read 18 tweets
9 Nov
Back in the Allegheny County Elections Warehouse. Just got confirmation on something I wanted to share: NONE of the ballots postmarked last Tuesday or earlier that were received by last Friday at 5 p.m. have been added as part of the tally here.

947 ballots still set aside.
Additionally, here's a breakdown of what's to be counted.

Some important numbers: 6,500--500--7,000--17,000.

6,500- Ballots set aside that have some sort of issue.

500- The number of those ballots that are more likely be counted, but more research required before counting
7,000-- Remaining ballots in that group of 29k sent to wrong voters that still need verification. These are mostly folks who sent the incorrect ballot and not the correct one. These need to be double checked against provisionals and surrendered ballots to ensure 1 person 1 vote.
Read 5 tweets
29 Oct
Cumberland County, Pa, where President won by 17.8 points in 2016, decides to start counting mail-in ballots on Nov. 4th, the day after the general election.

No precanvassing means smaller counties need to figure out how to allocate resources, this is how Cumberland is doing so.
Republicans agree.

Democrats agree.

Counties unanimously asked for the ability to precanvass.

There's a simple fix, and politics is getting in the way.
Governor Wolf said Tuesday that Republicans offered a deal that he accepted, then they pulled the offer.

Republicans say what Wolf is describing absolutely never happened.

Read 11 tweets
27 Oct

Governor Wolf says he offered concessions to legislative Republicans last week in order to try and reach a pre-canvassing deal. Indicated he and legislative Republicans had reached an agreement and then Republicans then took the deal off the table.

Wolf said he offered concessions specifically on reducing the number of days after the election that counties could count ballots post-marked on Nov. 3 from 3 to 2, additional security measures for dropboxes, and allowing poll watchers from outside a given county.
Wolf just said, "It was their deal and they walked away from it."

I reached out to a House GOP Spokesman yesterday, who characterized this differently.

"There was no deal or firm concessions put on the table by the governor," the spokesman said.

Read 10 tweets

Did Thread Reader help you today?

Support us! We are indie developers!

This site is made by just two indie developers on a laptop doing marketing, support and development! Read more about the story.

Become a Premium Member ($3/month or $30/year) and get exclusive features!

Become Premium

Too expensive? Make a small donation by buying us coffee ($5) or help with server cost ($10)

Donate via Paypal Become our Patreon

Thank you for your support!

Follow Us on Twitter!