Pennsylvania Supreme Court Dismisses Act 77 Election Lawsuit
Pennsylvania’s Supreme Court dismissed a lawsuit brought by a group of Republican politicians who argued the state’s mail-in ballot process used in the 2020 General Election was unconstitutional.
Among the plaintiffs in that lawsuit were US Rep. Mike Kelly and candidate Sean Parnell, who got a strong endorsement from President Donald Trump in his bid to unseat Rep. Connor Lamb.
The lawsuit was filed a day after Gov. Tom Wolf and Commonwealth Secretary Kathy Boockvar moved to begin key parts of the vote certification process, including selecting Pennsylvania’s Electors.
It argues that Act 77, the legislation that created an entirely new mail-in voting procedure in Pennsylvania, was unconstitutional.
Reminders about Act 77, 2019.
✅ 1. It is unconstitutional.
✅ 2. It was approved by 1/1 Pa. Governors (@GovernorTomWolf).
✅3. It was passed without @PAAttorneyGen opining on its constitutionality.
✅ 4. It disenfranchised all Pa. voters.
✅ 5. It will be struck down. https://t.co/6Koxx9Ftc0
— 𝙿𝚛𝚎𝚜𝚒𝚍𝚎𝚗𝚝-𝙴𝚕𝚎𝚌𝚝 𝙼𝚊𝚍𝚒𝚜𝚘𝚗 🇺🇸 (@federalistguard) November 28, 2020
Earlier in the week, a Commonwealth Court judge granted the Plaintiffs and emergency stay on the election certification process until a hearing held Friday. The Wolf administration appealed that emergency order to the State Supreme Court. On Friday, Commonwealth Court Judge Patricia McCullough offered an opinion that said the Plaintiff’s case had merit but on Saturday, the state Supreme Court tossed out the lawsuit.
The judges’ ruled: “Upon consideration of the parties’ filings in Commonwealth Court, we hereby dismiss the petition for review with prejudice based upon Petitioners’ failure to file their facial constitutional challenge in a timely manner.”
Following the Supreme Court’s dismissal, Parnell promised to take the fight to the Supreme Court of the United States. He tweeted, “It’s not over. This was not expected. Stay tuned.”
It’s not over.
This was not unexpected.
Stay tuned. https://t.co/1H3M0UVnMi
— Sean Parnell (@SeanParnellUSA) November 28, 2020
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