PA Trial Court Halts Certification: Finds the Election Unconstitutional

[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.

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

You seemed confused. My statement was accurate. Yours was nonsensical.

 

[Pete7469]

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.


.

 

[Rogue AI]

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.

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

You seemed confused. My statement was accurate. Yours was nonsensical.

Nope, you are wrong.

 

[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.

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

You seemed confused. My statement was accurate. Yours was nonsensical.

Nope, you are wrong.

The law that opened up absentee voting in PA was passed by Republicans who control the legislature.

That’s the law other Republicans are trying to find unconstitutional.

 

[EvilEyeFleegle]

A Pennsylvania state court Judge has issued a preliminary injunction preventing Pennsylvania from taking any further steps to perfect its certification of the election, including but not limited to appointment of electors and transmission of necessary paperwork to the Electoral College, pending further court hearings and rulings. The ruling upholds an injunction from earlier in the week, and is significant because of the findings made in the Opinion released tonight.

You can read the Opinion here.

The case has been somewhat under the radar, because it doesn’t involve claims of fraud. It appears to be a pretty straight legal argument. This is not the federal court case that has received a lot of press attention and in which the Third Circuit Court of Appeals denied relief.

The issue in this case is whether legislative expansion of absentee balloting to broad mail-in balloting violated the Pennsylvania Constitution. It’s not clear what the relief would be; the petitioners seek to preclude the Secretary of State from transmitting the certification or otherwise perfecting the electoral college selections.


Here is the Judge’s description of the claim:

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),1 is 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 persona at 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 of one of the four, limited exclusive circumstances under which absentee voting is authorized under the Pennsylvania constitution. (Petition, ¶16.) Petitioners allege that mail-in voting in the form implemented through Act 77 is an attempt by the legislature to fundamentally overhaul the Pennsylvania voting system and permit universal, no-excuse, mail-in voting absent any constitutional authority. Id., ¶17. Petitioners argue that in order to amend the Constitution, mandatory procedural requirements must be strictly followed. 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. Id., ¶¶27, 35-37. As relief, Petitioners seek, inter alia, a declaration and/or injunction that prohibits Respondents from certifying the November 2020 General Election results, which include mail-in ballots that are permitted on a statewide basis and are allegedlyimproper because Act 77 is unconstitutional.

The Judge found, among other things, that the plaintiffs were likely to prevail on their PA constitutional claims, and that the matter was not moot even though PA had “certified” the results, because there were more steps to be taken [emphasis added]:

Pennsylvania State Judge Upholds Halt To Certification, Finds Likelihood Mail-In Balloting Procedures Violate PA Constitution

UPDATE 11-28-2020 7 p.m.: Pennsylvania Supreme Court dismisses challenge to mail-in ballot procedures, vacates halt to certification.

legalinsurrection.com

Folks, mail in balloting already IS illegal in PA thank God.

From your link:


The Judge expressed grave concern as to what a remedy would be if she were to rule the mail-in balloting unconstitutional, so even if she ruled for the petitioners on the merits, it’s not clear if that would change the result:

That being said, this Court is mindful that one of the alternative reliefs noted by Petitioners would cause the disenfranchisement of the nearly seven million Pennsylvanians who voted in the 2020 General Election. Specifically, Respondents claim that a temporary stay would disenfranchise voters as the legislature would appoint the electors to the Election College. However, as noted, the legislature is not authorized to appoint the electors to the Electoral College until December 8, the “Federal Safe Harbor” date for certifying results for presidential electors. The Court agrees it would be untenable for the legislature to appoint the electors where an election has already occurred, if the majority of voters who did not vote by mail entered their votes in accord with a constitutionally recognized method, as such action would result in the disenfranchisement of every voter in the Commonwealth who voted in this election – not only those whose ballots are being challenged due to the constitutionality of Act 77.

 

[Pete7469]

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.


.

 

[mdk]

Act 77 was passed by a Republican controlled House, Senate, and, signed into law by Gov. Wolf, a Democrat. The argument is they believe that the House and Senate of the Commonwealth cannot change election laws without amending the Commonwealth's constitution. This case is likely to fall flat on its face.

For anyone interested:

2019 Act 77

www.legis.state.pa.us

 

[colfax_m]

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.


.

Jesus. You idiots lose one election and you’re begging for abandoning our founding principles and transitioning towards authoritarianism.

 

[Toro]

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.


.

Jesus. You idiots lose one election and you’re begging for abandoning our founding principles and transitioning towards authoritarianism.

Cults gonna cult

 

[colfax_m]

Act 77 was passed by a Republican controlled House, Senate, and, signed into law by Gov. Wolf, a Democrat. The argument is they believe that House and Senate of the Commonwealth cannot change election laws without amending the Commonwealth's constitution. This case is likely to fall flat on its face.

I think it’s going to succeed in getting the law found unconstitutional but it will not overturn the results of the election.

 

[JLW]

Act 77 was passed by a Republican controlled House, Senate, and, signed into law by Gov. Wolf, a Democrat. The argument is they believe that House and Senate of the Commonwealth cannot change election laws without amending the Commonwealth's constitution. This case is likely to fall flat on its face.

For anyone interested:

2019 Act 77

www.legis.state.pa.us

You are correct. This lawsuit is going nowhere fast.

 

[Rogue AI]

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.

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

You seemed confused. My statement was accurate. Yours was nonsensical.

Nope, you are wrong.

The law that opened up absentee voting in PA was passed by Republicans who control the legislature.

That’s the law other Republicans are trying to find unconstitutional.

The standards for absentee ballots are set in the state constitution. That is the matter at hand, not whatever deflection you are cooking up.

 

[JLW]

Act 77 was passed by a Republican controlled House, Senate, and, signed into law by Gov. Wolf, a Democrat. The argument is they believe that House and Senate of the Commonwealth cannot change election laws without amending the Commonwealth's constitution. This case is likely to fall flat on its face.

I think it’s going to succeed in getting the law found unconstitutional but it will not overturn the results of the election.

Trumpers true colors are coming out. Trumpers do not want representative democracy they want autocracy.

 

[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.

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

You seemed confused. My statement was accurate. Yours was nonsensical.

Nope, you are wrong.

The law that opened up absentee voting in PA was passed by Republicans who control the legislature.

That’s the law other Republicans are trying to find unconstitutional.

The standards for absentee ballots are set in the state constitution. That is the matter at hand, not whatever deflection you are cooking up.

I’m aware. The law that passed opening up absentee ballots to everyone was passed by a Republican lead legislature.

Claiming it was the “liberals” that screwed this up is inaccurate.

 

[Toro]

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.


.

The Republican legislature passed the law to use mail-in ballots

 

[mdk]

Act 77 was passed by a Republican controlled House, Senate, and, signed into law by Gov. Wolf, a Democrat. The argument is they believe that House and Senate of the Commonwealth cannot change election laws without amending the Commonwealth's constitution. This case is likely to fall flat on its face.

I think it’s going to succeed in getting the law found unconstitutional but it will not overturn the results of the election.

We'll see how it shakes out.

 

[Norman]

From the opinion:

Additionally, 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. Petitioners appear to have a viable claim that the mail-in ballot procedures set forth in Act 77 contravene Pa. Const. Article VII Section 14 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.

 

[colfax_m]

From the opinion:

Additionally, 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. Petitioners appear to have a viable claim that the mail-in ballot procedures set forth in Act 77 contravene Pa. Const. Article VII Section 14 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.

Throwing out the votes of 2.5 million people. Happy?

 

[Norman]

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.

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

He is probably talking about the law that is unconstitutional - ACT 77, which allowed mail in voting.

Indeed, that was passed by republicans. Which makes a big fat who cares.

 

[mdk]

The passing of Act 77 was a bipartisan effort by the way.

7 Big Changes To Voting In PA Just Signed Into Law

Several changes coming to how we vote in PA after Gov. Wolf signed the "most significant" reforms to the state election law in 80 years.

patch.com

"This bill was not written to benefit one party or the other, or any one candidate or single election," said House Majority Leader Bryan Cutler, a Republican who represents the 100th District. "It was developed over a multi-year period with input of people from different backgrounds and regions of Pennsylvania."