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Home Local NNY News

Pennsylvania high court dismisses lawsuit to throw out mail-in ballots

November 28, 2020
in Local NNY News
Pennsylvania high court dismisses lawsuit to throw out mail-in ballots
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Pennsylvania’s highest court on Saturday night threw out a lower court’s order preventing the state from certifying dozens of contests on its Nov. 3 election ballot in the latest lawsuit filed by Republicans attempting to thwart President-elect Joe Biden’s victory in the battleground state.The state Supreme Court, in a unanimous decision, threw out the three-day-old order, saying the underlying lawsuit was filed months after the law allowed for challenges to Pennsylvania’s expansive year-old mail-in voting law.The state’s attorney general, Democrat Josh Shapiro, called the court’s decision “another win for Democracy.”The week-old lawsuit, led by Republican U.S. Rep. Mike Kelly of northwestern Pennsylvania, had challenged the state’s mail-in voting law as unconstitutional.As a remedy, Kelly and the other Republican plaintiffs had sought to either throw out the 2.5 million mail-in ballots submitted under the law — most of them by Democrats — or to wipe out the election results and direct the state’s Republican-controlled Legislature to pick Pennsylvania’s presidential electors.Commonwealth Court Judge Patricia McCullough, elected as a Republican in 2009, had issued the order Wednesday to halt certification of any remaining contests, including apparently contests for Congress. A day earlier, Gov. Tom Wolf, a Democrat, said he had certified Democrat Joe Biden as the winner of the presidential election in Pennsylvania. Biden beat President Donald Trump by more than 80,000 votes in Pennsylvania, a state Trump had won in 2016.Video: President Trump says he’ll go if he loses Electoral CollegeWolf had appealed McCullough’s decision to the state Supreme Court, saying there was no “conceivable justification” for it.

PITTSBURGH —

Pennsylvania’s highest court on Saturday night threw out a lower court’s order preventing the state from certifying dozens of contests on its Nov. 3 election ballot in the latest lawsuit filed by Republicans attempting to thwart President-elect Joe Biden’s victory in the battleground state.

The state Supreme Court, in a unanimous decision, threw out the three-day-old order, saying the underlying lawsuit was filed months after the law allowed for challenges to Pennsylvania’s expansive year-old mail-in voting law.

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The state’s attorney general, Democrat Josh Shapiro, called the court’s decision “another win for Democracy.”

The week-old lawsuit, led by Republican U.S. Rep. Mike Kelly of northwestern Pennsylvania, had challenged the state’s mail-in voting law as unconstitutional.

As a remedy, Kelly and the other Republican plaintiffs had sought to either throw out the 2.5 million mail-in ballots submitted under the law — most of them by Democrats — or to wipe out the election results and direct the state’s Republican-controlled Legislature to pick Pennsylvania’s presidential electors.

Commonwealth Court Judge Patricia McCullough, elected as a Republican in 2009, had issued the order Wednesday to halt certification of any remaining contests, including apparently contests for Congress.

A day earlier, Gov. Tom Wolf, a Democrat, said he had certified Democrat Joe Biden as the winner of the presidential election in Pennsylvania. Biden beat President Donald Trump by more than 80,000 votes in Pennsylvania, a state Trump had won in 2016.

Video: President Trump says he’ll go if he loses Electoral College

Wolf had appealed McCullough’s decision to the state Supreme Court, saying there was no “conceivable justification” for it.

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