Saturday, November 28, 2020

Judge: Republicans Will Likely Win Pennsylvania Election Lawsuit

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.

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.

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.

https://www.ntd.com/judge-republicans-will-likely-win-pennsylvania-election-lawsuit_533926.html 

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