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."
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.
Brann then talks about the "tortured procedural history" of this case, discussing the various changes in lawyers for the Trump campaign.
He outlines the changes to arguments in briefs and changes to legal teams that distracted from issue at hand.
Reminder: I'm not a lawyer.
As I read it, bc of OFFICIAL Trump campaign argument, Brann could only consider whether curing procedures were so unfair to the 2 voters part of the lawsuit, that ALL votes needed to be disqualified.
"This claim, like Frankenstein's Monster..."
As whether or not these voters suffered harm because of the law, the judge says they didn't.
These 2 voters made mistakes w/ ballots. Brann says the fact that they weren't able to fix isn't because of the law, but THEIR mistake, it doesn't mean nullifying ALL votes is solution.
Brann says these voters were injured inasmuch as their votes didn't count.
But Brann says the votes weren't specifically cancelled because of any actions of Kathy Boockvar. Instead, Brann says, the Boockvar email to counties ENCOURAGED ways to fix ballots like the two plaintiffs
BIG paragraph from Brann here.
"Prohibiting certification of the election results would not reinstate the Individual Plaintiffs' right to vote. It would simply deny more than 6.8 million people their right to vote."
Brann says the Trump campaign doesn't have standing either. Brann says he didn't think the campaign made clear what the injury to the campaign was and go through the cases they cited to determine what the argument was, still denying it.
As to whether "curing" procedures disadvantaged these two voters, as Trump campaign argued, Brann says no.
"Expanding the right to vote for some residents of a state does not burden the rights of others."
Reminder: The two voters DON'T live in any of the 7 counties sued.
"Though every injury must have its proper redress, a court may not prescribe a remedy unhinged from the underlying right being asserted. By seeking injunctive relief preventing certification of the Pennsylvania election results, plaintiffs ask this Court to do exactly that."
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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.
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.
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.
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.
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.