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Judge: Republicans Will Likely Win Pennsylvania Election Lawsuit
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Ubiquitous
2020-11-28 21:37:14 UTC
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The judge who ordered Pennsylvania to not certify the results of the
2020 election wrote in an opinion on Friday that the Republicans who
filed the related lawsuit will likely win the case.

Pennsylvania Commonwealth Judge Patricia McCullough made the assessment
as part of an opinion explaining her rationale for blocking
Pennsylvania’s election certification.

A group of Republican lawmakers and candidates sued the Keystone State
earlier this week, arguing that the state legislature’s mail-in voting
law—Act 77—violated the commonwealth’s constitution.

“Petitioners appear to have established a likelihood to succeed on the
merits because petitioners have asserted the Constitution does not
provide a mechanism for the legislature to allow for expansion of
absentee voting without a constitutional amendment,” McCullough wrote.

When ruling on an emergency injunction, judges have to consider whether
the party which requested the injunction is likely to win the case or
“succeed on the merits.” McCullough opined that the “petitioners appear
to have a viable claim that the mail-in ballot procedures set forth in
Act 77 contravene” the plain language of the provision of the
Pennsylvania Constitution which deals with absentee voting.

Pennsylvania said that it had certified the results of the election for
president and vice president on Nov. 24 while the court was reviewing
briefings from both parties. In response, the plaintiffs filed a request
for an emergency injunction, arguing that that state need not have acted
so fast.

“It appears that respondents’ actions may have been accelerated in
response to the application for emergency relief … in an effort to
preclude any remedial action by this court faster than this court was
able to evaluate the application for emergency relief and the answers to
it,” the plaintiffs wrote.

The emergency request underlined that while Pennsylvania completed
vote-counting and submitted the signed certification to the U.S.
archivist, a number of steps still remain for the formal certification
process to be completed.

“While Respondents may have proactively attempted to avoid potential
injunctive relief granted by this Court, Respondents duties with regard
to finalization of the full election results are far from complete,” the
filing states.

Republican state lawmakers in Pennsylvania released a memo on Nov. 27,
advising that they will soon introduce a resolution to dispute the
results of the 2020 election.

The resolution states that the executive and judicial branches of the
Keystone State’s government usurped the legislature’s constitutional
power to set the rules of the election.

The resolution “declares that the selection of presidential electors and
other statewide electoral contest results in this commonwealth is in
dispute” and “urges the secretary of the commonwealth and the governor
to withdraw or vacate the certification of presidential electors and to
delay certification of results in other statewide electoral contests
voted on at the 2020 general election.”

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Gronk
2020-11-30 05:56:47 UTC
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Post by Ubiquitous
The judge who ordered Pennsylvania to not certify the results of the
2020 election wrote in an opinion on Friday that the Republicans who
filed the related lawsuit will likely win the case.
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