Presidential Election Lawsuit in Pennsylvania

This week President Trump’s campaign, the Republican National Committee, and a handful of voters filed a lawsuit against Pennsylvania’s election officials in US District Court.

The 57-page complaint asks the court to either declare election officials’ actions unconstitutional or order the state’s officials to conduct ballot counting according to Pennsylvania statutory law.

The complaint alleges that election officials violated both statutory and constitutional law by collecting mail-in ballots at locations that were not designated polling stations.

In contradiction of Pennsylvania election law,

the Commonwealth allowed absentee and mail-in ballots to be returned to other locations, such as shopping centers, parking lots, fairgrounds, parks, retirement homes, college campuses, fire halls, municipal government buildings, and elected officials’ offices.

These “unmonitored and ad hoc drop boxes” bypassed the scrutiny of Pennsylvania poll watchers who have the legal right to observe votes being casts and who may challenge the validity of a vote if any irregularity is noticed.

The complaint also claims that votes were counted even though they were not submitted inside the state-required “Official Election Ballot” envelope and that some of these envelopes were marked in a way that made them non-compliant with state election laws.

Based on the foregoing allegations, there are a total of seven counts (i.e., legal claims) contained in the complaint.

Count I

First and Fourteenth Amendments U.S. Const. Art. I § 4, cl. 1; Art. II, § 1, cl. 2; Amend. I and XIV, 42 U.S.C. § 1983 Infringement of the Right to Vote Through Invalid Enactment of Regulations Affecting the Time, Place and Manner of Election by Pennsylvania’s Executive Branch

Count II

Fourteenth Amendment U.S. Const. Amend. XIV, 42 U.S.C. § 1983
Denial of Equal Protection Disparate Treatment of Nondisabled Absentee/Mail-In Voters Among Different Counties

Count III

Pennsylvania Equal Protection and Free and Equal Elections Pa. Const. art. VII, § 1, art. I, § 28, &art. I, § 5 Infringement of the Right to Vote Through Invalid Enactment of Regulations Affecting the Time, Place and Manner of Election by Pennsylvania’s Executive Branch and Denial of Equal Protection via Disparate Treatment of Absentee/Mail-In Voters Amongst Different Counties

Count IV

First and Fourteenth Amendments U.S. Const. Amend. I and XIV, 42 U.S.C. § 1983 Infringement of the Right to Vote Through Failure to Sufficiently Safeguard Against Dilution of Vote by Fraud or Tampering: Poll Watcher Residency Restriction & Polling Place Restriction

Count V

Pennsylvania Equal Protection and Free and Equal Elections Pa. Const. art. VII, § 1, art. I, § 28, &art. I, § 5 Infringement of the Right to Vote Through Failure to Sufficiently Safeguard Against Dilution of Vote by Fraud or Tampering: Poll Watcher Residency Restriction & Polling Place Restriction

Count VI

First and Fourteenth Amendments U.S. Const. Amend. I and XIV, 42 U.S.C. § 1983 Infringement of the Right to Vote Through Failure to Sufficiently Safeguard Against Dilution of Vote by Fraud or Tampering: Failure to Notice Drop Box Location

Count VII

Pennsylvania Equal Protection and Free and Equal Elections Pa. Const. art. VII, § 1, art. I, § 28, &art. I, § 5 Infringement of the Right to Vote Through Failure to Sufficiently Safeguard Against Dilution of Vote by Fraud or Tampering: Failure to Notice Drop Box Location

Regardless of the district court’s decision, the matter will likely be appealed to the U.S. Supreme Court within the coming weeks.

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google photo

You are commenting using your Google account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s