PA Trial Court Halts Certification: Finds the Election Unconstitutional

[progressive hunter]

The OP is wrong. The court did NOT find that mail-in ballots in PA are unconstitutional.

The court halted the certification process so those arguing that it is unconstitutional can have their say in court.

The judge also said that she didn’t know what the relief was, but that an election shouldn’t be tossed and handed to the legislature.

I am referring to the judge who stated there is a high chance it will be found unconstitutional, and believes it is unconstitutional. This is given in the OP.

Even a five year old can understand that the case is correct, the mail in ballots are illegal as is the act that put them in place. PA does not allow such acts to be simply enacted on a whim, it would not have been even possible to enact such a law at that point, amending the process requires two years and even then it appears the law only takes effect for the next election.

It was passed by the legislature and signed by the Governor. It is constitutional.

thats not how you change any constitution,,,

 

[Norman]

The OP is wrong. The court did NOT find that mail-in ballots in PA are unconstitutional.

The court halted the certification process so those arguing that it is unconstitutional can have their say in court.

The judge also said that she didn’t know what the relief was, but that an election shouldn’t be tossed and handed to the legislature.

I am referring to the judge who stated there is a high chance it will be found unconstitutional, and believes it is unconstitutional. This is given in the OP.

Even a five year old can understand that the case is correct, the mail in ballots are illegal as is the act that put them in place. PA does not allow such acts to be simply enacted on a whim, it would not have been even possible to enact such a law at that point, amending the process requires two years and even then it appears the law only takes effect for the next election.

It was passed by the legislature and signed by the Governor. It is constitutional.

thats not how you change any constitution,,,

Such a lazy response when all the material on what is actually required is presented in the op, and further in the opinion.

 

[JimBowie1958]

The Judge found, among other things, that the plaintiffs were likely to prevail on their PA constitutional claims

I disagree that they'll prevail. It seems to me that the only thing happening here is that the judge is allowing the petitioners to have their day in court. Their basic complaint boils down to their contention that Act 77 was illegally passed last year and I doubt you'll find a judge in the land that contends the baby should be tossed out with the bath water.

Specifically, pursuant to Article XI, Section 1, a proposed constitutional amendment must be approved by a majority vote of the members of both the Pennsylvania House of Representatives and Senate in two consecutive legislative sessions, then the proposed amendment must be published for three months ahead of the next general election in two newspapers in each county, and finally it must be submitted to the qualified electors as a ballot question in the next general election and approved by a majority of those voting on the amendment. According to Petitioners, the legislature did not follow the necessary procedures for amending the Constitution before enacting Act 77 which created a new category of mail-in voting; therefore, the mail-in ballot scheme under Act 77 is unconstitutional on its face and must be struck down.​

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Why are you liberals so tone-deaf when it comes to a CONSTITUTIONAL REQUIREMENT vrs mere state legal code.

When the CONSTITUTION is contradicted by mere law, the CONSTITUTION prevails, and the argument is that the PA constitution specifies how mail-in ballots are to be done and a mere law is not going to amend that.

JEEBUS!

 

[busybee01]

Actually it was Republicans passed the law that they are attempting to declare unconstitutional.

This whole affair has shown just how delicate Democracy is, when people like yourself seem so willing to abandon it.

It's in the PA Constitution. Not just some law. You are clueless once again.

That piece of shit exists in a state of constant cluelessness.

We are not a democracy, we never were. The more we move towards one, the worse our country gets. We are approaching 3rd world status thanks to these sniveling parasites and their "democracy".

More of an Idiocracy if you ask me.


.

We are partly a democracy. We vote on our elected representatives rather than on every issue. Trump and his supporters arde parasites. They want to allow the special interests to pollute our air and water. Destroy wildlife habitats. You are a perfect example of the idiocracy.

 

[Norman]

The Judge found, among other things, that the plaintiffs were likely to prevail on their PA constitutional claims

I disagree that they'll prevail. It seems to me that the only thing happening here is that the judge is allowing the petitioners to have their day in court. Their basic complaint boils down to their contention that Act 77 was illegally passed last year and I doubt you'll find a judge in the land that contends the baby should be tossed out with the bath water.

Specifically, pursuant to Article XI, Section 1, a proposed constitutional amendment must be approved by a majority vote of the members of both the Pennsylvania House of Representatives and Senate in two consecutive legislative sessions, then the proposed amendment must be published for three months ahead of the next general election in two newspapers in each county, and finally it must be submitted to the qualified electors as a ballot question in the next general election and approved by a majority of those voting on the amendment. According to Petitioners, the legislature did not follow the necessary procedures for amending the Constitution before enacting Act 77 which created a new category of mail-in voting; therefore, the mail-in ballot scheme under Act 77 is unconstitutional on its face and must be struck down.​

​

​

Why are you liberals so tone-deaf when it comes to a CONSTITUTIONAL REQUIREMENT vrs mere state legal code.

When the CONSTITUTION is contradicted by mere law, the CONSTITUTION prevails, and the argument is that the PA constitution specifies how mail-in ballots are to be done and a mere law is not going to amend that.

JEEBUS!

To be fair, even the "professionals" got it wrong... not just one... all of them. We are in clown world.

 

[busybee01]

Actually it was Republicans passed the law that they are attempting to declare unconstitutional.

This whole affair has shown just how delicate Democracy is, when people like yourself seem so willing to abandon it.

It's in the PA Constitution. Not just some law. You are clueless once again.

That piece of shit exists in a state of constant cluelessness.

We are not a democracy, we never were. The more we move towards one, the worse our country gets. We are approaching 3rd world status thanks to these sniveling parasites and their "democracy".

More of an Idiocracy if you ask me.


.

Yeah it’s been all downhill since women and black people were allowed to vote.

A racist and sexist in one package.

 

[JimBowie1958]

To be fair, even the "professionals" got it wrong... not just one... all of them. We are in clown world.

To paraphrase Reagan, "It's not that Liberals are always wrong it is just that they know so much that is not true....and they are fucking idiots."

 

[Norman]

Actually it was Republicans passed the law that they are attempting to declare unconstitutional.

This whole affair has shown just how delicate Democracy is, when people like yourself seem so willing to abandon it.

It's in the PA Constitution. Not just some law. You are clueless once again.

That piece of shit exists in a state of constant cluelessness.

We are not a democracy, we never were. The more we move towards one, the worse our country gets. We are approaching 3rd world status thanks to these sniveling parasites and their "democracy".

More of an Idiocracy if you ask me.


.

Yeah it’s been all downhill since women and black people were allowed to vote.

A racist and sexist in one package.

Reported, please see the forum rules.

 

[Contumacious]

The OP is wrong. The court did NOT find that mail-in ballots in PA are unconstitutional.

The court halted the certification process so those arguing that it is unconstitutional can have their say in court.

The judge also said that she didn’t know what the relief was, but that an election shouldn’t be tossed and handed to the legislature.

It has been overwhelmingly shown that Toro doesn't know his ass from a hole in the ground. Here for the umpteenth time is confirmed

In the Petition, Petitioners allege that the Act of October 31, 2019, P.L. 552, No. 77 (Act 77), which added and amended various absentee and mail-in voting provisions in the Pennsylvania Election Code (Election Code),1is unconstitutional and void ab initio because it purportedly contravenes the requirements of the Pennsylvania Constitution.

Petitioners allege that Article VII, section 14 of the Pennsylvania Constitution provides two exclusive mechanisms by which a qualified elector may cast his or her vote in an election: (1) by submitting his or her vote in propria personaat the polling place on election day; and (2) by submitting an absentee ballot, but only if the qualified voter satisfies the conditions precedent to meet the requirements ofone of the four, limited exclusive circumstances under which absentee voting is authorized under the Pennsylvania constitution. (Petition, ¶16.)

Petitioners appear to have a viable claim that the mail-in ballot procedures set forth in Act 77 contravene Pa. 11 Const. Article VII Section14 as the plain language of that constitutional provision is at odds with the mail-in provisions of Act 77.Since this presents an issue of law which has already been thoroughly briefed by the parties, this Court can state that Petitioners have a likelihood of success on the merits of its Pennsylvania Constitutional claim


Based upon the record before it, this Court has sufficient grounds to enjoin Respondents from further certification activities on an emergency preliminary basis

s/ Patricia A. McCulloughPATRICIA A. McCULLOUGH, Judge

 

[Juicin]

The OP is wrong. The court did NOT find that mail-in ballots in PA are unconstitutional.

The court halted the certification process so those arguing that it is unconstitutional can have their say in court.

The judge also said that she didn’t know what the relief was, but that an election shouldn’t be tossed and handed to the legislature.

That's not her call to make

It is the legislature's call

And if mail in voting is unconstitutional....Well that's pretty good backing to throw the whole thing out

Remember electors originally were allowed to do basically whatever they wante. We have a system that is built to check those electors. Both state legislatures and the federal senate can override the democratic process by refusing to certify or appointing their own new electors

They don't need a judge's legal approval, what they need is justification politically

 

[busybee01]

The OP is wrong. The court did NOT find that mail-in ballots in PA are unconstitutional.

The court halted the certification process so those arguing that it is unconstitutional can have their say in court.

The judge also said that she didn’t know what the relief was, but that an election shouldn’t be tossed and handed to the legislature.

I am referring to the judge who stated there is a high chance it will be found unconstitutional, and believes it is unconstitutional. This is given in the OP.

Even a five year old can understand that the case is correct, the mail in ballots are illegal as is the act that put them in place. PA does not allow such acts to be simply enacted on a whim, it would not have been even possible to enact such a law at that point, amending the process requires two years and even then it appears the law only takes effect for the next election.

It was passed by the legislature and signed by the Governor. It is constitutional.

That's not even remotely correct, but argue with the judge!

A REPUBLICAN JUDGE.

 

[iceberg]

If anyone believes Biden would have won PA without the mail in votes with almost zero ballots thrown out as democrats did not enforce signature checking, they are delusional.

Since the mail in process was unlawful, the state should be given to Trump.

I rarely give the bed wetters any credit for having the mental capacity to "know" anything much more than the common pet parrot "knows" anything. These drones simply have larger vocabularies.

That said even these malignant pieces of genetic waste KNOW the mail in ballots are 100% pure bullshit and are nothing more than a vehicle for fraud. They will defend their own criminal acts and deny everything until the bitter end though.


.

Problem is they've gotten away with it for long enough for them to start believing it's OK.

 

[JGalt]

The OP is wrong. The court did NOT find that mail-in ballots in PA are unconstitutional.

The court halted the certification process so those arguing that it is unconstitutional can have their say in court.

The judge also said that she didn’t know what the relief was, but that an election shouldn’t be tossed and handed to the legislature.

It has been overwhelmingly shown that Toro doesn't know his ass from a hole in the ground. Here for the umpteenth time is confirmed

In the Petition, Petitioners allege that the Act of October 31, 2019, P.L. 552, No. 77 (Act 77), which added and amended various absentee and mail-in voting provisions in the Pennsylvania Election Code (Election Code),1is unconstitutional and void ab initio because it purportedly contravenes the requirements of the Pennsylvania Constitution.

Petitioners allege that Article VII, section 14 of the Pennsylvania Constitution provides two exclusive mechanisms by which a qualified elector may cast his or her vote in an election: (1) by submitting his or her vote in propria personaat the polling place on election day; and (2) by submitting an absentee ballot, but only if the qualified voter satisfies the conditions precedent to meet the requirements ofone of the four, limited exclusive circumstances under which absentee voting is authorized under the Pennsylvania constitution. (Petition, ¶16.)

Petitioners appear to have a viable claim that the mail-in ballot procedures set forth in Act 77 contravene Pa. 11 Const. Article VII Section14 as the plain language of that constitutional provision is at odds with the mail-in provisions of Act 77.Since this presents an issue of law which has already been thoroughly briefed by the parties, this Court can state that Petitioners have a likelihood of success on the merits of its Pennsylvania Constitutional claim


Based upon the record before it, this Court has sufficient grounds to enjoin Respondents from further certification activities on an emergency preliminary basis

s/ Patricia A. McCulloughPATRICIA A. McCULLOUGH, Judge

If this makes it through the next judicial level, the entire Pennsylvania election will become null and void.

 

[colfax_m]

It would not be surprising if the matter went to supreme court.

The SC of PA will probably weigh in soon. SCOTUS will not, there’s no federal question.

Waiting until after the election to file the lawsuit is particularly cruel.

The case is not about intent of the filers, and it's rather absurd to call them cruel when we don't even know when they found out about the problem.

Do recall, the law got passed and no fuzz was risen about the fact it's illegal by anyone. A supreme act of incompetence.

The law was passed over a year ago. If the people wanted to file a lawsuit, they should have done it before the election rather than waiting until after when the lawsuit may result in throwing out millions of votes from people who did nothing wrong.

Filing a case before election would be an executive function, as it is their responsibility to enforce the law. Had the legislature filed prior to the election it would have been in bad faith and preempted the executive's ability to enforce the laws. Clearly election officials were asleep at the wheel.

What a bunch of gibberish.

 

[colfax_m]

It would not be surprising if the matter went to supreme court.

The SC of PA will probably weigh in soon. SCOTUS will not, there’s no federal question.

Waiting until after the election to file the lawsuit is particularly cruel.

The case is not about intent of the filers, and it's rather absurd to call them cruel when we don't even know when they found out about the problem.

Do recall, the law got passed and no fuzz was risen about the fact it's illegal by anyone. A supreme act of incompetence.

The law was passed over a year ago. If the people wanted to file a lawsuit, they should have done it before the election rather than waiting until after when the lawsuit may result in throwing out millions of votes from people who did nothing wrong.

Filing a case before election would be an executive function, as it is their responsibility to enforce the law. Had the legislature filed prior to the election it would have been in bad faith and preempted the executive's ability to enforce the laws. Clearly election officials were asleep at the wheel.

What a bunch of gibberish.

Very insightful rebuttle.

You must have won all your debates in Jr high.

No. It wasn’t insightful. It was gibberish with no meaning. Im not surprised you can’t tell the difference because you’re so fond of latching onto gibberish.

 

[colfax_m]

Clearly the PA Constitution was violated. Sad that liberal morons probably just got all those votes tossed, but what else can be done?

Actually it was Republicans passed the law that they are attempting to declare unconstitutional.

This whole affair has shown just how delicate Democracy is, when people like yourself seem so willing to abandon it.

to bad for your opinion we are not a democracy,,,

Im pretty sick or you idiots attempting to sound intelligent. Just don’t.

 

[colfax_m]

Biden did not win, Trump won the state if only legal votes are counted.

They will pick Trump.

Changing the rules after people voted in order to throw the votes out is probably the most undemocratic effort our country has faced in many decades.

The rules were illegally changed before they voted.

It's an unlawful election. Mail in ballots are perhaps the most undemocratic thing to ever happen to the country. Scam selection...

And the remedy sought is to deprive people their rights who had nothing to do with “illegally” changing the laws.

 

[progressive hunter]

Clearly the PA Constitution was violated. Sad that liberal morons probably just got all those votes tossed, but what else can be done?

Actually it was Republicans passed the law that they are attempting to declare unconstitutional.

This whole affair has shown just how delicate Democracy is, when people like yourself seem so willing to abandon it.

to bad for your opinion we are not a democracy,,,

Im pretty sick or you idiots attempting to sound intelligent. Just don’t.

why?? are you afraid of competition???

 

[Toro]

The ballots ordered separated by Judge Alito numbered in the thousands. I haven't seen anything where his order was ignored, but I am willing to look at anything you present.

It wasn't ignored.

In fact, the order occurred after the PA SoS ordered the same thing.

 

[Juicin]

The OP is wrong. The court did NOT find that mail-in ballots in PA are unconstitutional.

The court halted the certification process so those arguing that it is unconstitutional can have their say in court.

The judge also said that she didn’t know what the relief was, but that an election shouldn’t be tossed and handed to the legislature.

It has been overwhelmingly shown that Toro doesn't know his ass from a hole in the ground. Here for the umpteenth time is confirmed

In the Petition, Petitioners allege that the Act of October 31, 2019, P.L. 552, No. 77 (Act 77), which added and amended various absentee and mail-in voting provisions in the Pennsylvania Election Code (Election Code),1is unconstitutional and void ab initio because it purportedly contravenes the requirements of the Pennsylvania Constitution.

Petitioners allege that Article VII, section 14 of the Pennsylvania Constitution provides two exclusive mechanisms by which a qualified elector may cast his or her vote in an election: (1) by submitting his or her vote in propria personaat the polling place on election day; and (2) by submitting an absentee ballot, but only if the qualified voter satisfies the conditions precedent to meet the requirements ofone of the four, limited exclusive circumstances under which absentee voting is authorized under the Pennsylvania constitution. (Petition, ¶16.)

Petitioners appear to have a viable claim that the mail-in ballot procedures set forth in Act 77 contravene Pa. 11 Const. Article VII Section14 as the plain language of that constitutional provision is at odds with the mail-in provisions of Act 77.Since this presents an issue of law which has already been thoroughly briefed by the parties, this Court can state that Petitioners have a likelihood of success on the merits of its Pennsylvania Constitutional claim


Based upon the record before it, this Court has sufficient grounds to enjoin Respondents from further certification activities on an emergency preliminary basis

s/ Patricia A. McCulloughPATRICIA A. McCULLOUGH, Judge

If this makes it through the next judicial level, the entire Pennsylvania election will become null and void.

The remedy the courts will give is not going to be to throw out votes en masse....

They need the legislature to do that, and the PA legislature is only willing to bitch and moan at the moment

There is no hope of a court flipping these results. They won't.

Only the state legislatures and the senate would contemplate it. A judges role is not to throw out election results, they would make a ruling for next time.....