When I asked Cliff Levine, Democratic lawyer representing state Sen. Jim Brewster — who wasn’t sworn in today — about next steps, he declined to discuss specifics but said they have to learn more about what the Senate’s going to do next with the election contest petition.
That contest petition, which Republican challenger Nicole Ziccarelli filed last week, asked the Senate to throw out the certified results as illegal, declare Ziccarelli the winner, and seat her: Screenshot from the contest petition that reads:  ”PRAYER
Brewster’s response to the contest petition, meanwhile, asks the Senate to dismiss the petition. Screenshot of Brewster response to the contest petition thatScreenshot from the next paragraph in the response brief, whScreenshot of the continued paragraph from the response brie
I asked Matt Haverstick, the Republican lawyer representing Ziccarelli, about the dangers of this as a precedent for the future.

It won’t happen, he said, because these specific circumstances are so unique.

Okay, I asked, but — what if it does?
He compared it with the Democratic argument that if Democratic Gov. Tom Wolf’s emergency actions (for the pandemic) were so overboard, even Democratic lawmakers would push back.

“That’s the same fail-safe we have in the General Assembly”: reasonable people holding the line.
He acknowledged that relies on reasonable people acting in good faith. On norms.

But are there *structural* things preventing a completely bad-faith partisan actor from abusing power in the future?

No, he agreed — it relies on reasonable, good-faith actors and on norms.

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More from @Elaijuh

7 Jan
PA’s SURE system doesn’t say there are 205K more votes than voters. That flawed analysis was done using incomplete data.

Reality: You simply can’t just count the number of participating voters in SURE rn — counties are STILL UPDATING vote histories.

inquirer.com/politics/elect…
Yes, counties that have been dealing with a flood of mail ballots, and running the election with humans, are still finalizing their updates to vote histories in SURE.

MY OWN vote history was only updated last week (12/28) by Philly elections officials.
Basically, in claiming there were 205K more votes than voters in Pennsylvania, you’re taking an incomplete dataset and being shocked that it is not complete.
Read 4 tweets
6 Jan
PA Gov. Tom Wolf on PA GOP lawmakers planning to object:

“They claim to believe that Pennsylvania’s election was compromised and that our electoral votes are suspect. This, of course, is a shameful lie. The very democracy these lawmakers swore an oath to uphold is at risk here.”
PA Gov. Tom Wolf:

“The problem is these folks are not telling the truth. Because it’s a fact Pennsylvania had a fair and free election; it’s a fact that there was no fraud or illegal activity in Pennsylvania; it’s a fact that Joe Biden won the presidency.”
PA Secretary of State Kathy Boockvar:

“With everything our country and commonwealth has faced this year, we’re reminded more than ever why we must fight any effort to undermine our great democracy.”
Read 5 tweets
6 Jan
Congress meets today to count Electoral College votes, the last step before Biden is inaugurated.

Of course, you probably heard there may be a few bumps along the way today.

Let’s break down what to expect. A guide from @jeremyrroebuck and me:
inquirer.com/politics/elect…
Something I’m keeping in mind today, thanks to @derektmuller: The law sets defaults for which votes are counted.

There’s a path, and both House and Senate would have to agree to stray from it. In the event they disagree, the defaults rule and the count continues.
The goal of the relevant law “is to lock things up to make it hard to throw out electoral votes,” @derektmuller said.

“The whole point of this mechanism is to provide Congress with default rules in favor of counting.”
Read 5 tweets
4 Jan
As PA state senators are sworn in tomorrow, what will happen in the 45th Senatorial District, where this fight is ongoing over who won the election and counties’ different policies for counting undated mail ballots?
The Republican-controlled State Senate won’t swear in Sen. Jim Brewster (D) tomorrow, according to a spokesperson for Senate Republicans.

Brewster won reelection, according to the certified results, but Republican challenger Nicole Ziccarelli is challenging it in court.
Recall: Allegheny County counted undated ballots, a decision the PA Supreme Court affirmed, while Westmoreland County didn’t.

The certified result: Sen. Jim Brewster (D) wins.

But if you remove the undated Allegheny ballots, Nicole Ziccarelli (R) wins.
inquirer.com/politics/elect…
Read 4 tweets
20 Dec 20
Remember the PA mail ballot deadline extension that the state Supreme Court ordered and PA GOP appealed to SCOTUS?

Those 10K ballots are stuck in purgatory, left out of the certified totals.

They won’t change any outcomes, but here’s why they matter:
inquirer.com/politics/elect…
There were 10,097 ballots received during the grace period: 9,428 postmarked by 11/3 and 669 with missing/illegible postmarks.

Those 10K ballots aren’t currently included in the certified totals for the presidential and congressional races, (though they are for the state ones.)
Why isn’t PA Dept of State including them? Spokesperson:

“SCOTUS ordered counties to strictly segregate these ballots, and it was determined that they would be most clearly segregated by not adding them to the totals until further action by the court.”
Read 13 tweets
14 Dec 20
Pennsylvania’s 20 electors are meeting now in Harrisburg, as Joe Biden officially defeats Donald Trump in the Electoral College.

With @JuliaTerruso: inquirer.com/politics/elect… Screenshot showing members of the Electoral College standingScreenshot showing Justice Max Baer speaking at the podium.Screenshot showing PA Secretary of State Kathy Boockvar stanScreenshot showing State Sen. Sharif Street speaking from th
In PA and some other states Biden won, Republicans also gathered today to cast their own, separate Electoral College votes.

The @PAGOP put out this release on the GOP electors meeting “to cast a conditional vote” for Trump:

Confused? I was. Talked to a few experts, and here’s my basic takeaway:

This might change some of the road to get there, but the result is basically unchanged: Congress will meet Jan. 6, receive the Electoral College votes, and Joe Biden will be inaugurated as president Jan. 20.
Read 20 tweets

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