Allegheny County Elections Board just voted 2-1 to approve the 2,349 mail-in ballots that the PA Supreme Court ruled yesterday could be counted.
Solicitor said the state is a party to the Parnell/Kelly suit, NOT Allegheny County.
Solicitor also said since the ruling to count these ballots came from PA Supreme Court and the Kelly/Parnell order came from Commonwealth Court, it's another reason these ballots should be certified.
The official appeal to the Supreme Court has been filed by Attorney General Josh Shapiro.
Appeal notes that this lawsuit came 2.5 weeks after the election and after "Pennsylvania's presidential election had become clear."
This, to be clear, is a direct appeal to the Commonwealth Court ruling to not move forward with any further certifications.
Just to put it all in one place:
Commonwealth Court rules PENNSYLVANIA must halt "further action" on certification, one day after they certified. Set hearing Friday
AG, on behalf of Gov. and Sec. State appeals THAT to PA Supreme Ct
AG says CC order doesn't impact certification
Friday’s hearing has been continued because of the appeal spearheaded by the Attorney General’s office. Full order from judge below.
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Trump campaign announces hearings in PA, Michigan and Arizona legislatures.
Rudy Giuliani says important to "have a full vetting of election irregularities and fraud".
This, as the Trump legal team has NOT proven widespread, intentional, malicious fraud in a courtroom
The day Pennsylvania's certification is announced, Central Pennsylvania Senator Doug Mastriano announces this hearing which will have Rudy Giuliani as a witness.
Republican Sam DeMarco, a member of the Elections Board, said he voted 'no' to certify in Allegheny County as a protest. One of the key items he protested: The legislature and governor unable to come to a deal on precanvassing.
Want to highlight some of WTAE's reporting on this.
September 21 (6 weeks before election day)
We told you how Democrats and Republicans agreed there needed to be a change to the law. At that time 2 million Pennsylvanians had requested mail-ballots, and not counting until Election Day could be an issue.
Just finished a chat with Republican Elections Board member Sam DeMarco to ask about his "no" vote on Allegheny County Elections certification.
He is calling it a protest vote. Not because of fraud or any wrongdoing, he says ALL voters should have faith in the results.
DeMarco is critical of the Republican legislature AND Democratic Governor Tom Wolf and Secretary of State Kathy Boockvar.
His key point: No one worked together to pass things that would have contributed to a smooth election administration.
DeMarco says the legislature should have passed something. The governor should have worked with the legislature instead of going through the courts. That the courts rulings yielded changes NOT in Act 77, and Kathy Boockvar's guidance to counties created more confusion.
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.
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.