Nationally, there are still active lawsuits in battleground states regarding the presidential election and the court last week refused to hear one case out of Texas based on lack of standing.
Here is what’s happening in Pennsylvania:
On Wednesday, State Rep. Frank Ryan (R-Lebanon) testified before the U.S. Senate Committee on Homeland Security and Government Affairs for their hearing Examining Irregularities in the 2020 Election. Rep. Ryan has a two-page summary explaining some of his concerns with the 2020 general election in Pennsylvania. You can read his summary here. You can watch the hearing here – his testimony is at 58:30.The state Senate GOP has published a timeline of the actions they have taken to ensure fair elections in Pennsylvania.
There are two pending petitions to the US Supreme Court regarding Pennsylvania’s election law, Act 77, that was passed in October 2019. Both petitions are asking the court to provide clarity and reform before the 2021 primary.
First, Republican Party of Pennsylvania v. Kathy Boockvar, Secretary of Pennsylvania, et. al – involves the mail-in ballots that were being accepted beyond Election Day. U.S. Supreme Court Justice Alito ordered Secretary Boockvar to hold these ballots and not count them. After discovering that this order was not being followed in all counties, Justice Alito issued another order that these ballots be kept separate from the ballots that came in on time, and that they not be counted. The Republican Party of Pennsylvania is looking to get a review of the case from the full court to decide once and for all if the Election Day deadline is the final deadline for mail-in ballots for future elections. The court is expected to consider the case during its January 8th conference.
Second, Mike Kelly, US Congressman, et al. v. Pennsylvania, et. al – involves the mail-in ballot law itself, Act 77, that was passed in October of 2019. The argument is that this law allowing mail-in ballots for any reason is unconstitutional based on the state constitution. The plaintiffs are asking that the court may look into this for some relief for the 2020 election (although they recognize it may be too late for that), but more likely, that the court provide relief and clarity before the 2021 primary.
We will keep you posted.