Pennsylvania Supreme Court tosses GOP congressman’s suit seeking to throw out all ballots cast by mail – The Philadelphia Inquirer
The Pennsylvania Supreme Court on Saturday rebuffed a long-shot election challenge Saturday from one of President Trump’s top boosters in Congress, balking at his suggestion that it throw out every ballot cast by mail or designate the state’s legislature to decide who won the state.
In a unanimous decision, the justices declared that U.S. Rep. Mike Kelly (R., Butler) and the seven Republican plaintiffs in the suit had waited too long to bring their lawsuit alleging that the 2019 law, passed by the state’s GOP-controlled legislature, which created no-excuse mail voting in the state for the first time was unconstitutional and “illegally implemented.”
Instead of filing it shortly after the passage of the bill, which was required in the statute, they waited until their candidate lost to challenge the mechanism by which some 2.6 million Pennsylvanians voted this year, the court wrote in a terse, three-page order.
The suit had led to an earlier order from a lower appellate court judge who temporarily barred the state Wednesday from any further steps to certify the results of the 2020 election pending a hearing.
But her order and the proceedings were quickly scuttled within hours after state elections administrators appealed Commonwealth Court Judge Patricia McCullough’s decision to the Supreme Court.
While the state’s presidential election results had already been certified, declaring Joe Biden the victor by roughly 81,000 votes, McCullough’s decision cast a pall of uncertainty on several down-ballot races including Kelly’s own re-election which he won based in part on 35,000 mail ballots.
The dismissal of his lawsuit brings to an end all legal challenges brought by the Trump campaign and its GOP allies filed in state and federal courts in Pennsylvania, which President-elect Joe Biden won by roughly 81,000 votes.
In addition to Kelly, who was reelected this year based in part on 35,000 mail ballots, the plaintiffs also include five GOP voters from Erie, Mercer and Allegheny Counties as well as two losing Republican candidates for office — Sean Parnell, who lost his Congressional bid to incumbent U.S. Rep. Connor Lamb (D., Pa.), and Philadelphian Wanda Logan, who was beaten by Democrat Amen Brown in a state House race.
Out of more than a dozen lawsuits filed, the Trump campaign lost all but one.