Pennsylvania Post-Election Developments, Nov.-Dec. 2020

Pennsylvania | Stress Test « Post-Election

POST-ELECTION DEVELOPMENTS IN PENNSYLVANIA

At 11:25 a.m. EST on Nov. 7 AP called Pennsylvania for Biden, putting him over the 270 electoral votes and effectively making him president-elect. On Nov. 9 the Trump campaign filed suit in the U.S. District Court for the Middle District of Pennsylvania against the Secretary of State and county election boards, initially making seven claims and seeking to block certification of results. U.S. District Judge Matthew Brann (Nov. 21) and the U.S. Court of Appeals for the Third Circuit (Nov. 27) issued scathing opinions on the Trump lawsuit, and the campaign went to the U.S. Supreme Court.

On Nov. 24 Secretary of State Kathy Boockvar certified the results of the presidential election.

Other developments in Pennsylvania included a legislative "hearing" in Gettysburg on Nov. 25 and a dramatic whistleblower press conference by a shadowy group called The Amistad Project on Dec. 1.

On Dec. 14 electors met in Harrisburg and cast their votes for Biden. The Trump campaign was not finished, however and on Dec. 20 went to the U.S. Supreme Court seeking "to reverse three decisions which eviscerated the Pennsylvania Legislature’s protections against mail ballot fraud." The campaign sought to remedy the situation by "vacating the appointment of electors committed to Joseph Biden and allowing the Pennsylvania General Assembly to select their replacements."

See also:
Julia Agos. "Taxpayers footed Pa.'s bill for election lawsuits. Costs went into the millions." WITF, April 13, 2021.

PRESENTED BELOW AS A RESOURCE FOR READERS IS A COLLECTION OF SOURCE MATERIAL ARRANGED CHRONOLOGICALLY TO GIVE A SENSE OF HOW THE POST-ELECTION UNFOLDED IN PENNSYLVANIA.

Pennsylvania Department of State
November 3, 2020

Governor Wolf And Secretary Of State Boockvar Issue Election Night Report

Only isolated issues amid high turnout and COVID-19 precautions

Harrisburg, PA – Governor Tom Wolf and Secretary of State Kathy Boockvar reported that today's presidential election in Pennsylvania saw no widespread significant problems amid high turnout at the polls and more than 2.5 million mail ballots cast.

"We've heard a lot from the candidates in the last year, but today it was time for the people to speak," Governor Wolf said. "I'm proud of how Pennsylvanians conducted themselves in this historic election during a global pandemic. And I'm proud that democracy is alive and well in the commonwealth. This election elicited an apparent record in voter registration in Pennsylvania and impressively high turnout today at the polls as well as in mail ballot voting."

Voter registration exceeded 9 million by the deadline to register to vote in today's election. More than 2.5 million mail ballots were cast, up from about 1.5 million in the primary. This is the first general election in Pennsylvania where voters could vote by mail ballot without having to provide an excuse. The Department of State will have an unofficial estimate of turnout at the polls in a few days.

"County election officials, poll workers and voters efficiently and peacefully carried out today's election amid the biggest reforms to voting in the commonwealth in 80 years," Secretary Boockvar said. "They embraced the new mail-in ballot option and safely voted at the polls.

The Department of State's election response team responded to and monitored issues reported throughout the day, including late-opening polling places, which happens in every election, lines at the polls, and some confusion over the use of provisional ballots, which were used in higher numbers today because some voters who applied for mail ballots chose to vote at the polls instead. A few counties ran low on provisional ballots or regular ballots but were able to replenish their supply.

By the time polls closed at 8 p.m., Department of State staff and volunteers from other state agencies had answered more than 5,000 calls received via the commonwealth's voter help line (1-877-VOTESPA). Most callers asked if they were registered to vote or needed assistance locating their polling place.

Boockvar noted that Pennsylvania has 9,152 polling places staffed by about 45,000 poll workers.

"This election's true heroes are the poll workers who kept the polling places open and safe for the millions of Pennsylvanians who voted today and the county election officials who have been working incredibly hard all year to implement the voting reforms," Secretary Boockvar said.

Secretary Boockvar predicted that the overwhelming majority of ballots will be counted within a few days. She noted that the ballot count is never finished, much less official, on election night.

"If we stopped counting ballots tonight, we would disenfranchise countless numbers of military and civilian overseas voters whose ballots, by law, must be accepted up to seven days after the election," she said. "I don't think anyone wants to deny the men and women who are serving our country, nor the millions more civilian voters who voted by mail, their constitutional right to vote."

The Department of State provides election returns showing votes cast by mail and in person as counts are received from each county. Additionally, the new dashboard at votesPA.com/Counting provides the numbers of mail and absentee ballots cast, counted, and remaining to be counted in each county; the in-person precincts counted; and provisional ballot counts, once those begin to be counted.

MEDIA CONTACT: Wanda Murren

Donald J. Trump for President, Inc.
November 4, 2020

UPDATE: Trump Campaign to Host a Press Conference in Philadelphia, PA with Eric Trump, Lara Trump, Rudy Giuliani, Pam Bondi, and Corey Lewandowski

Donald J. Trump for President, Inc. will host a press conference in Philadelphia, Pennsylvania at 4:30 pm EST with Eric Trump, Trump 2020 Senior Advisor Lara Trump, Former Mayor of New York Rudy Giuliani, Former Florida Attorney General Pam Bondi, and campaign Senior Advisor Corey Lewandowski.

WHEN: Wednesday, November 4 at 4:30 pm EST

WHERE: Atlantic Aviation PHL
8375 Enterprise Avenue
Philadelphia, PA

C-SPAN

Donald J. Trump for President, Inc.
November 4, 2020

President Trump Fights for the Integrity of the Most Important Election of Our Lifetime

The Trump Campaign is taking critical legal actions in Pennsylvania

"This is the most important election of our lifetime, and President Trump made clear our path forward last night: ensure the integrity of this election for the good of the nation. Bad things are happening in Pennsylvania. Democrats are scheming to disenfranchise and dilute Republican votes. President Trump and his team are fighting to put a stop to it.

"Pennsylvania’s unhinged, radical left Secretary of State Kathy Boockvar has tried her hardest to bake in a backdoor to victory for Joe Biden with late, illegal ballots in collusion with the partisan state supreme court. The United States Constitution is clear on this issue: the legislature sets the time, place, and manner of elections in America, not state courts or executive officials. As the President has rightly said, the Supreme Court must resolve this crucial contested legal question, so President Trump’s Campaign is moving to intervene in the existing Supreme Court litigation over the Pennsylvania Supreme Court’s unlawful extension of the mail-in ballot receipt deadline. The law is on President Trump’s side: as the Eighth Circuit just said, to change the ballot receipt deadline is in fact a change of the time, place, and manner of the election—and only a state legislature or the United States Congress can do that under the Constitution.

"In addition to the Trump Campaign’s motion to intervene in Pennsylvania Republican Party v. Boockvar, we are taking two additional critical legal actions today to ensure the integrity of Pennsylvania’s election. We are suing to stop Democrat election officials from hiding the ballot counting and processing from our Republican poll observers—observers whose only job is to make sure every valid ballot is counted, and counted once. The eyes of the country are on Pennsylvania, but Pennsylvania has kept eyes off of the absentee ballot counting process all along, and that must stop today. In Philadelphia and elsewhere, Democrat officials forced our observers to stay 25 feet or more from the counting process, leaving no meaningful way whatsoever for our observers to do their jobs. We are also suing to temporarily halt counting until there is meaningful transparency and Republicans can ensure all counting is done above board and by the law.

"The Trump Campaign is also suing to stop Pennsylvania Democrats from breaking the very law that helps America vote—the Help America Vote Act (HAVA). While HAVA requires that states ensure certain first-time voters provide identification in order to vote, Secretary Boockvar—three days ago—re-wrote Pennsylvania Election Code to abuse her unilateral executive fiat and move the deadline for absentee and mail-in voters to provide missing proof of identification well past the deadline. Without our action, Pennsylvanians, and possibly all Americans, may be forced to wait yet another several days for the outcome of the election – all because of the Secretary’s ridiculous eleventh-hour guidance that directly violates the Election Code.

"With these key actions, President Trump is telling all Americans he will do whatever it takes to ensure the integrity of this election for the good of the nation."

- Justin Clark, Trump 2020 Deputy Campaign Manager

Donald J. Trump for President, Inc.
November 5, 2020 (a)

Trump Campaign Announces Philadelphia Press Conference with Pam Bondi and Corey Lewandowski

Donald J. Trump for President, Inc. will host a press conference in Philadelphia, Pennsylvania with Former Florida Attorney General Pam Bondi and campaign Senior Advisor Corey Lewandowski at 10:15 am EST.

WHEN: Thursday, November 5 at 10:15 am EST

WHERE: The corner of Arch Street and North 12th Street
Philadelphia, PA

C-SPAN

Donald J. Trump for President, Inc.
November 5, 2020 (b)

Trump Campaign Scores Major Election Integrity Victory in Philadelphia

Donald J. Trump for President, Inc. released the following statement on the Trump Campaign's major election integrity victory in Philadelphia, Pennsylvania:

"In a major victory for election integrity, election transparency, all Pennsylvania voters, and the rule of law, the Trump Campaign has prevailed in our suit challenging our Republican poll watchers’ complete lack of any meaningful access to the ballot processing and counting process.

"The eyes of the country are on Pennsylvania, but Pennsylvania Democrats, led by their radical left Secretary of State whose only goal is to steal this election from President Trump, has kept eyes off of the absentee ballot counting process. That ends now in Philadelphia.

"As a result of this incredible legal victory, the lower court’s order has been reversed. Now, according to the Commonwealth Court of Pennsylvania, 'all candidates, watchers, or candidate representatives' shall 'be permitted to be present for the canvassing process' and 'be permitted to observe all aspects of the canvassing process within 6 feet, while adhering to all COVID-19 protocols, including, wearing masks and maintaining social distancing.'

"For the good of the nation, every Pennsylvania county should follow the lead of this judge and provide access for observers to ensure transparency and integrity in Pennsylvania. That is the only way to ensure a fair, transparent election in which all Pennsylvania voters can have confidence their vote will count."

- Justin Clark, Trump 2020 Deputy Campaign Manger and Senior Counsel

Click here to read the order.

Donald J. Trump for President, Inc.
November 5, 2020 (c)

Trump Campaign Fights to Enforce Access Right in Philadelphia

Donald J. Trump for President, Inc. released the following statement on the Trump Campaign's efforts to ensure election integrity in Pennsylvania:

"President Trump’s team won a major victory in Pennsylvania Commonwealth Court today. That victory confirmed that the law requires observers get meaningful access within six feet of the vote counting in Philadelphia.

"On the heels of this ruling, Democrats are blatantly defying the law. These Democrats are blocking the doors to the counting center and pushing our observers outside the building while they continue to count votes inside with zero transparency. What are they hiding?

"To stop the Democrats from their shady and illegal defiance of the court’s order, President Trump’s campaign has filed suit in federal court. We are fighting to enforce our observers’ constitutional right to due process that Philadelphia County Democrats are blatantly denying.

"President Trump’s team will fight for transparency and accountability as long as it takes to ensure the integrity of the election for the good of Pennsylvania and of the nation."

- Justin Clark, Trump 2020 Deputy Campaign Manager and Senior Counsel

Pennsylvania Department of State
November 6, 2020

Majority Of Mail Ballots Counted And Provisional Ballot Count Has Begun In Pennsylvania

Harrisburg, Pa. -- Secretary of State Kathy Boockvar today reported that the overwhelming majority of mail-in and absentee ballots in Pennsylvania have been counted and the process of counting provisional ballots has begun.

"Pennsylvania counties have been incredibly hard at work canvassing all the ballots to provide accurate results as quickly as possible following best practices and responsibilities pursuant to state and federal law," Secretary Boockvar said. "We are very thankful to all the election officials working extremely long hours to make our democracy work and ensure that every qualified voter's vote is counted safely and securely."

Under state law, county boards of election must individually adjudicate each provisional ballot and assess within seven days of an election whether they meet the standards for counting. The counties will do so by verifying the voter was registered to vote in the precinct in which the ballot was cast, and that the voter did not cast a mail-in ballot prior to requesting the provisional ballot at the polling place.

Additionally, Secretary Boockvar noted that the Commonwealth has been planning to complete a statewide risk-limiting audit, as was done after the June primary.

Launched by the department in January 2019, risk-limiting audits are scientifically designed and highly effective procedures conducted after an election to strengthen election security and integrity, confirm the accuracy of election outcomes, and provide confidence to voters that their votes were counted accurately. A risk-limiting audit confirmed the outcome of the June primary election.

MEDIA CONTACT: Wanda Murren

Brian Slodysko. "EXPLAINER: Why the AP called Pennsylvania for Biden." AP, Nov. 7, 2020.

Pennsylvania Democratic Party
November 7, 2020

JOE BIDEN HAS WON PENNSYLVANIA AND THE PRESIDENCY

Pennsylvania puts President-elect Joe Biden and Vice President-elect Kamala Harris over the top

PENNSYLVANIA — Pennsylvania Democratic Party Chairwoman Nancy Patton Mills and Vice Chair Sharif Street released the following statement:

“Our last votes are being counted and we can finally say it: Joe Biden, a native son of Pennsylvania, has won the Keystone State and the presidency. Kamala Harris will be Vice President of the United States.

Our hearts are full of gratitude toward everyone who made this moment in Pennsylvania and American history possible. This is the end result of four years of tireless work from Pennsylvania Democrats. After 2016, we promised we would flip this state back to blue and accomplish the mammoth task of defeating an incumbent president — and we delivered. From top to bottom, this was a complete team effort from Democratic leaders across the commonwealth: our extraordinary county chairs, dedicated staff, and inspired volunteers who worked day and night to organize and mobilize their communities. We always knew this would be a hard-fought battle and there was never a moment of complacency. We promised to compete in every county from Erie to Northampton and Monroe to Westmoreland — and that’s exactly what we did.

We congratulate our election officials and election workers in every corner of the commonwealth who rose to the occasion and ran a smooth, transparent election in the face of unprecedented challenges. This is a victory for the integrity of our democracy — and every vote must continue to be counted.

Joe Biden is President-elect of the United States and Kamala Harris is Vice President-elect. We look forward to their leadership. May the Biden presidency be one of grace, dignity, and leadership for all Pennsylvania families.”

Donald J. Trump for President, Inc.

Trump Campaign Announces Pennsylvania Press Conference with Rudy Giuliani, Pam Bondi, and Corey Lewandowski

Donald J. Trump for President, Inc. will host a press conference in Philadelphia, Pennsylvania with former Mayor of New York Rudy Giuliani, former Florida Attorney General Pam Bondi, and campaign Senior Advisor Corey Lewandowski at 11:30 am EST.

WHEN: Saturday, November 7 at 11:30 am EST

WHERE: Four Seasons Total Landscaping
7339 State Road
Philadelphia, Pennsylvania

C-SPAN

Donald J. Trump for President, Inc.
November 9, 2020

Trump Campaign Files Suit In Pennsylvania Against Unconstitutional Two-Track System

President Trump’s re-election campaign today filed a lawsuit in Pennsylvania alleging the creation and implementation of an illegal “two-tiered” voting system for the 2020 General Election. Pennsylvania's “two-track” system resulted in voters being held to different standards depending on how they chose to exercise their right to vote. In-person voters had to sign voter registrations, have those signatures checked against voter rolls, vote in a polling place monitored by statutorily-authorized poll observers, and have their votes counted in a transparent and verifiable open and observed manner.

The state's mail-in voting, which nearly 2.65 million votes were cast through, lacked all of the hallmarks of transparency and verifiability that were present for in-person voters, including not adequately verifying the voter’s identity, permitting ballots received up to three days after the election to be counted without any evidence of timely mailings, such as a postmark, and denying sufficient monitoring over the reviewing and counting of mail-in ballots.

We believe this two-tracked system results in two Constitutional violations: 1) Equal Protection Clause violation, and 2) Elections and Electors Clauses violation.

“Voters in Pennsylvania were held to different standards simply based on how they chose to cast their ballot, and we believe this two-tiered election system resulted in potentially fraudulent votes being counted without proper verification or oversight, as well as many voters being disenfranchised simply for casting their votes in-person,” said Matt Morgan, Trump 2020 campaign general counsel. “We will not stop fighting for transparency and integrity in our electoral process and ensuring all Americans can trust in the results of a free and fair election.”

The suit is filed against Secretary Boockvar and the Boards of Elections of the following seven counties: Allegheny, Centre, Chester, Delaware, Philadelphia, Montgomery, and Northampton.

Donald J. Trump for President, Inc.
November 11, 2020

Victims of Voter Fraud: Deceased Pennsylvanians’ Identities Used to Vote in 2020 General Election

Trump campaign releases second set of illegally cast ballots from dead voters; Americans should have confidence their votes are not rendered meaningless due to illegally cast votes by scheming fraudsters.

The American people deserve a free, fair, and fully transparent election in which every legal ballot is counted and every illegal ballot is not counted. Having confidence in our elections means knowing that votes are legally cast and that voters themselves are legally eligible to cast a ballot.

Americans cannot have confidence in election results unless elected officials, law enforcement authorities, and fair-minded journalists take the issue of voter fraud seriously and investigate potential instances thoroughly. The Trump campaign will continue to bring these allegations to light, and the media and election authorities should vigorously examine them.

Here are several examples in Pennsylvania that should be investigated:

Voter records show someone used the identity of John H. Granahan of Allentown, Pennsylvania to vote in the recent election, even though Granahan died in May 2019. The Dusckas Martin Funeral Home and Crematory ran an obituary of Granahan’s death when he passed away.

Judy Presto of Southpark, Pennsylvania died in 2013, but someone registered her to vote in September 2020 and cast a ballot under her name in last week’s election. The Pittsburgh Post-Gazette published an obituary after Presto’s passing announcing her death.

Elizabeth Bartman of Drexel Hill, Pennsylvania is shown as having registered to vote in September 2020 and cast a ballot in last week’s election, even though she died in 2008. The Philadelphia Inquirer ran an obituary after Bartman’s passing.

These victims of voter fraud deserve justice, and legal voters should be able to have confidence that their votes are not rendered meaningless due to illegally cast votes.

True the Vote
November 11, 2020

True the Vote Contests Illegal Ballots Cast in Pennsylvania; Sues Gov. Tom Wolf and Secretary of State Kathryn Boockvar

Represents Four Pennsylvania Voters in Court Who Want a Thorough Investigation Into Credible Allegations That Illegal Ballots Were Counted in Philadelphia, Montgomery, Delaware, and Allegheny Counties, Possibly Enough to Contest Results of Presidential Election

HOUSTON, Texas – True the Vote, as part of its "Validate the Vote" initiative and on behalf of four Pennsylvania voters, has filed a federal lawsuit against Gov. Tom Wolf and Secretary of State Kathryn Boockvar to contest illegal ballots that were counted in the recent elections. The lawsuit alleges that evidence exists to cast sufficient doubt on the current results of the Presidential election in Pennsylvania, based on illegal votes cast in the four counties of Philadelphia, Montgomery, Delaware, and Allegheny, which dilute the voters’ lawful votes.

"As part of True the Vote’s mission to ensure the highest standard of election integrity, we are proud to represent these Pennsylvania voters in their quest to uphold free, fair, legitimate elections in their state," said True the Vote Founder and President Catherine Engelbrecht. "The Pennsylvania election process was an embarrassment to our country and an affront to our deep-seated value of protecting Americans’ basic Constitutional right to vote. This lawsuit seeks to discover the facts about what happened in Pennsylvania’s presidential election and the truth about illegal ballots that were counted, which could impact the final election results. No matter the outcome, it is our wish to see the law followed, to see voters heard, and to ensure the principle of ‘one vote for one voter’ is upheld."

Should the plaintiffs provide sufficient evidence that enough invalid votes were counted to cast doubt on the November 3 election results, the lawsuit calls for the invalidation of ballots from the counties identified, citing that the unlawful ballots were mixed in with and cannot be separated from lawful ballots. Statewide in Pennsylvania, the current Presidential election vote count shows Joe Biden ahead of Donald Trump by only 44,930 votes.

"While many mainstream media outlets have 'called' Pennsylvania in favor of Joe Biden, the vote totals remain extremely close, with Biden currently leading President Trump by less than.7 percent of the total," said True the Vote Legal Counsel James Bopp, Jr. of The Bopp Law Firm, PC. "The acceptance of unlawful ballots by election officials in these four counties draws into question the veracity of Biden's lead. True the Vote’s lawsuit seeks to discover the facts and shine a light on the widespread illegal actions that took place in Pennsylvania’s election. Pennsylvania voters deserve to know the truth and to have all legal votes counted and illegal votes nullified."

The following facts have been presented by plaintiffs giving cause to believe that enough invalid votes were counted that could alter the results of the election, including:

In Philadelphia county, some voters were advised they needed to cure ballot defects while others were not, while poll watchers were excluded from access to canvassing locations.
In Montgomery county, a poll watcher overheard unregistered voters being advised to return later to vote under a different name that was registered in the poll book, and voter turnout was 88.5 percent, 19 percent higher than statewide turnout of 69.3 percent.
In Delaware county, voters that were recorded to have received mail-in ballots were given regular ballots and not required to sign the registration book. Additionally, poll watchers were granted extremely restricted access to a back room counting area, and ballots received on Election Day were not separated from ballots received after 8 p.m. that day, as ordered by the U.S. Supreme Court. Finally, voter turnout was 75.87 percent, 6.5 percent higher than statewide turnout.
In Allegheny county, voters were required to vote provisionally because the records indicated they had requested to vote by mail when they had not. Poll workers were reported to be close enough to voters so as to observe the actual vote. Voter turnout was 74.54 percent, 5.2 percent higher than statewide turnout.
Throughout the state, voters received mail-in ballots without applying for them, in some cases receiving more than one.
Throughout the state, in-person voters were advised they must vote provisionally because they had asked for and received a mail-in ballot, when no such request was made. In some cases, they were outright denied the right to vote.
It is estimated that over 680,000 ballots were processed without observation in Allegheny and Philadelphia counties.

Additionally, plaintiffs will provide further evidence based on thorough data analysis comparing state mail-in, absentee, provisional, and poll-book records with state voter-registration databases, United States Postal Service records, Social Security records, criminal-justice records, department-of-motor-vehicle records, and other sources to determine the extent of illegal voters and illegal votes. These could include double votes, votes by ineligible voters, votes by phantom voters, illegal felon votes, non-citizen votes, and votes cast via illegal ballot harvesting.

Finally, the lawsuit calls for action to be taken quickly, in plenty of time before the December 8 election certification deadline.

Following is a timeline of key dates surrounding final certification of elections and vote of the Electoral College, prior to Inauguration Day:

Dec. 8: "Safe Harbor" – date by which states must certify results and assign electors. If an election is in dispute, state legislatures may assign electors.
Dec. 14: Electors meet in their states to cast votes for the president and Vice President.
Jan. 3: New Congress is sworn in; 117th session starts.
Jan. 6: Electoral votes are counted in House chamber by members of House and Senate; if neither candidate has 270 electoral college votes, the election is in dispute.
Jan. 20: Inauguration Day – new president takes oath of office. In a disputed election, the House will appoint the president and Senate will choose the Vice President.

# # #

True the Vote (TTV) is an IRS-designated 501(c)3 voters' rights organization, founded to inspire and equip volunteers for involvement at every stage of our electoral process. TTV empowers organizations and individuals across the nation to actively protect the rights of legitimate voters, regardless of their political party affiliation. For more information, please visit www.truethevote.org.

Pennsylvania Department of State
November 13, 2020

Department Of State Provides Update On Election Results

Harrisburg, Pa. -- Secretary of State Kathy Boockvar today reported that the canvass by counties of ballots cast in the Nov. 3 general election is nearing completion.

"We are extremely grateful to all 67 counties who have been working overtime and putting in an extraordinary effort to count every vote, with so far more than 6.8 million votes having been counted," Secretary Boockvar said. "The counties continue to adjudicate and count the approximately 100,000 provisional ballots issued to voters at the polls on Election Day, as well as the more than 28,000 military and overseas ballots that were cast in this election."

Under state law, county boards of election must individually adjudicate each provisional ballot and assess whether they meet the standards for counting. The counties do so by verifying the voter was registered to vote in the precinct in which the ballot was cast, and that the voter did not cast a mail-in ballot prior to requesting the provisional ballot at the polling place. 

Higher numbers of provisional ballots were cast this year due to new laws and procedures created pursuant to two bipartisan election reform measures, Act 77 of 2019 and Act 12 of 2020.

As of Friday midday, approximately 40,000 of the provisional ballots cast have been counted or partially counted, and these numbers will continue to climb over the next few days.

The department also reported that 28,529 military and overseas absentee ballots were cast. November 10 was the deadline for counties to receive uniformed and overseas civilian absentee (UOCAVA) ballots.

Based on the unofficial returns submitted by all the counties to the Department of State, Secretary Boockvar has determined that she will not be ordering a recount and recanvass of the election returns in the counties, as no statewide candidate was defeated by one-half of one percent or less of the votes cast. This includes the following races: President of the United States, Attorney General, Auditor General, and State Treasurer.

Approximately 10,000 mail ballots that were cast on or before Nov. 3 were received by counties between 8 p.m. November 3 and 5 p.m. Nov. 6. The Pennsylvania Supreme Court ruled in September that counties should count mail ballots received through 5 p.m. Friday, Nov. 6, if they are postmarked by 8 p.m. Election Day. The court also ruled that counties should count those ballots if there is an illegible or missing postmark, unless there is sufficient evidence to demonstrate that the ballot was mailed after Election Day deadline. These ballots are not of a sufficient number to impact the no-recount determination of any of the statewide races.

Up-to-date election returns showing votes cast as reported from each county can be found on the department's voting website, votesPA.com. Additionally, the new dashboard at votesPA.com/CountingOpens In A New Window provides the numbers of mail and absentee ballots cast, counted, and remaining to be counted in each county; the in-person precincts counted; and provisional ballot counts.

MEDIA CONTACT: Wanda Murren

Donald J. Trump for President, Inc.
November 16, 2020

Setting the record straight on Trump campaign’s Pennsylvania litigation

On Sunday night, the Washington Post ran a complete mischaracterization of the Trump campaign’s litigation in Pennsylvania, erroneously claiming the campaign had dropped the claim of nearly 700,000 ballots processed illegally and in secret. The campaign did no such thing. In fact, because of a Friday ruling by the Third Circuit Court of Appeals in an unrelated case, the campaign strategically decided to restructure its lawsuit to rely on claims of violations of the Equal Protection Clause of the 14th Amendment to the U.S. Constitution. The claim that 682,479 ballots were improperly processed and counted is still very much part of the suit.

Paragraph 4 of the amended filing reads: “Allegheny and Philadelphia Counties alone received and processed 682,479 mail-in and absentee ballots without review by the political parties and candidates. These are unprecedented numbers in Pennsylvania’s elections history. Rather than engaging in an open and transparent process to give credibility to Pennsylvania’s brand-new voting system, the processes were hidden during the receipt, review, opening, and tabulation of those 682,479 votes.” See also paragraphs 132-150.

References to the improperly counted ballots are repeated throughout the filing, with paragraph 150 specifically stating that all factual allegations in the preceding paragraphs are incorporated within the Equal Protection claim.

“We are still arguing that 682,479 ballots were counted illegally, in secret,” said Tim Murtaugh, Trump 2020 communications director. “Our poll watchers were denied meaningful access to watch the vote counting and we still incorporate that claim in our complaint. Unfortunately, fake news activists rushed to print their clickbait headlines, apparently without even reading the lawsuit. That’s lazy journalism at best, but more likely intentionally misleading.”

Rudy Giuliani, personal attorney to President Trump and coordinator of the campaign’s legal strategy, said, “It’s routine for attorneys to file amended complaints to tighten the claims. We simplified the suit so it is more focused and narrowed. This is part of the process. Clearly the reporters at Washington Post have a reading deficit.”

The lawsuit also claims violations of the Equal Protection Clause because some voters who mailed in ballots in Philadelphia were alerted by election workers that their ballots may have contained mistakes or defects that would cause them to be rejected. Those voters were given the opportunity to cast provisional ballots in the event that their mailed ballots were thrown out. Voters in other counties of Pennsylvania were not afforded that same opportunity. In addition, since the Philadelphia voters were forewarned that their ballots could be defective, it is an indication that poll workers were pre-canvassing those ballots prior to Election Day, which would be a clear violation of Pennsylvania law.

Governor Tom Wolf
November 19, 2020

Governor Wolf Statement on House Republican Effort to Interfere in Non-partisan Election Audit

Governor Tom Wolf issued the following statement on House Resolution 1100 introduced by House Republicans that would allow partisan Harrisburg politicians to interfere in the efforts of election professionals to provide a reliable and trustworthy audit of the 2020 general election.

“HR 1100 allows partisan politicians in the legislature to audit their own election, a process that has been and should continue to be performed by non-partisan state and county election workers. The Legislative Budget Finance Committee has no expertise or role in election administration and no statutory authority outside the fiscal realm, and it is inappropriate to pretend it does. An audit by the LBFC would be incomplete, duplicative and unreliable. Instead of the House Republicans interfering in an existing and trustworthy audit process, especially when they were on the ballot, they should allow the non-partisan experts to do their job. That is the best way to ensure the public can have faith in the audit results.

“A legislative audit is unnecessary and duplicative because post-election audits are standard practice for the administration. Not only will the counties perform an audit as required by law, but under the Wolf Administration, the commonwealth became one of the first states in the nation to pioneer pilots of the risk-limiting audit in partnership with leading, non-partisan election experts. The scientifically designed procedure uses statistical methods to confirm whether reported election outcomes are correct and to detect possible interference. As occurred in the primary, work on auditing the Nov. 3 election has started and at least 26 counties are completing the first phase of the pilot.

“Pennsylvania’s local election workers are the heroes of our democracy. They have been working tirelessly to count every vote, certify the results and perform an audit as the governor prepares to submit the commonwealth’s slate of electors to the federal government based on the popular vote. Interference by partisan legislators in Harrisburg is wrong. It creates chaos and confusion and should be rejected. A reliable audit conducted by election experts is the best way for all Pennsylvanians to trust the results of this election.”

November 21, 2020

U.S. District Court Judge Brann Rules in Trump v. Boockvar

On Nov. 9 the Trump campaign filed suit (Trump v. Boockvar) in the U.S. District Court for the Middle District of Pennsylvania against the Secretary of State and county election boards, initially making seven claims and seeking to block certification of results. As noted above, the campaign subsequently restructured the lawsuit. U.S. District Judge Matthew Brann issued a scathing opinion on Nov. 21, writing that the case, "like Frankenstein’s Monster, has been haphazardly stitched together from two distinct theories in an attempt to avoid controlling precedent." In his opinion Brann wrote:

"In this action, the Trump Campaign and the Individual Plaintiffs (collectively, the “Plaintiffs”) seek to discard millions of votes legally cast by Pennsylvanians from all corners – from Greene County to Pike County, and everywhere in between. In other words, Plaintiffs ask this Court to disenfranchise almost seven million voters. This Court has been unable to find any case in which a plaintiff has sought such a drastic remedy in the contest of an election, in terms of the sheer volume of votes asked to be invalidated. One might expect that when seeking such a startling outcome, a plaintiff would come formidably armed with compelling legal arguments and factual proof of rampant corruption, such that this Court would have no option but to regrettably grant the proposed injunctive relief despite the impact it would have on such a large group of citizens.

"That has not happened. Instead, this Court has been presented with strained legal arguments without merit and speculative accusations, unpled in the operative complaint and unsupported by evidence. In the United States of America, this cannot justify the disenfranchisement of a single voter, let alone all the voters of its sixth most populated state. Our people, laws, and institutions demand more. At bottom, Plaintiffs have failed to meet their burden to state a claim upon which relief may be granted. Therefore, I grant Defendants’ motions and dismiss Plaintiffs’ action with prejudice."

- opinion by U.S. District Court Judge Brann on Nov. 21, 2020.

________________________

Donald J. Trump for President, Inc.
November 21, 2020

Trump campaign statement on Pennsylvania ruling

“Today’s decision turns out to help us in our strategy to get expeditiously to the U.S. Supreme Court. Although we fully disagree with this opinion, we’re thankful to the Obama-appointed judge for making this anticipated decision quickly, rather than simply trying to run out the clock.

"We will be seeking an expedited appeal to the Third Circuit. There is so much evidence that in Pennsylvania, Democrats eliminated our opportunity to present 50 witnesses and other evidence that election officials blatantly ignored Pennsylvania’s law denying independent review. This resulted in 682,777 ballots being cast illegally, wittingly or unwittingly. This is just an extension of the Big Tech, Big Media, Corrupt Democrat censorship of damning facts the American public needs to know.

"We are disappointed we did not at least get the opportunity to present our evidence at a hearing. Unfortunately the censorship continues. We hope that the Third Circuit will be as gracious as Judge Brann in deciding our appeal one way or the other as expeditiously as possible. This is another case that appears to be moving quickly to the United States Supreme Court.”

— Rudy Giuliani, Attorney to President Trump and Jenna Ellis, Senior Legal Adviser to Trump 2020 Campaign

Pennsylvania Department of State
November 24, 2020

Department Of State Certifies Presidential Election Results

Harrisburg, PA – Following certifications of the presidential vote submitted by all 67 counties late Monday, Secretary of State Kathy Boockvar today certified the results of the November 3 election in Pennsylvania for president and vice president of the United States.

Shortly thereafter, as required by federal law, Governor Tom Wolf signed the Certificate of Ascertainment for the slate of electors for Joseph R. Biden as president and Kamala D. Harris as vice president of the United States. The certificate was submitted to the Archivist of the United States.

The Certificate of Ascertainment included the following vote totals:

Electors for Democratic Party candidates Joseph R. Biden and Kamala D. Harris – 3,458,229
Electors for Republican Party candidates Donald J. Trump and Michael R. Pence – 3,377,674
Electors for Libertarian Party candidates Jo Jorgensen and Jeremy Spike Cohen – 79,380
"Today's certification is a testament to the incredible efforts of our local and state election officials, who worked tirelessly to ensure Pennsylvania had a free, fair and accurate process that reflects the will of the voters," said Gov. Wolf.

"We are tremendously grateful to all 67 counties who have been working extremely long hours to ensure that every qualified voter's vote is counted safely and securely. The county election officials and the poll workers are the true heroes of our democracy, enabling us to vote in record numbers, amid challenging circumstances, so that every eligible voter's voice could be heard," Sec. Boockvar said.

MEDIACONTACT: Wanda Murren

Pennsylvania Senate Majority Policy Committee
November 24, 2020

MEDIA ADVISORY: Mastriano and Senate Majority Policy Committee to vet Election Issues

WHAT: At the request of Senator Doug Mastriano (R-Adams/Cumberland/Franklin/York), the Senate Majority Policy Committee is holding a public hearing Wednesday to discuss 2020 election issues and irregularities. The hearing will feature former New York City Mayor Rudy Giuliani.

WHO: Senate Majority Policy Committee Chair David Argall (R-Berks/Schuylkill); Senate Majority Leader-Elect Kim Ward (R-39); State Rep. Dan Moul (R-91); State Rep. Rob Kauffman (R-89); and State Rep Paul Schemel (R-90); among other lawmakers will join Senator Mastriano in this historic hearing.

Mastriano is clear what is at risk.

“Elections are a fundamental principle of our democracy – unfortunately, Pennsylvanians have lost faith in the electoral system,” said Mastriano, who recently called for the resignation of State Department Secretary Kathy Boockvar for negligence and incompetence. “It is unacceptable.”

“Over the past few weeks, I have heard from thousands of Pennsylvanians regarding issues experienced at the polls, irregularities with the mail-in voting system and concerns whether their vote was counted,” said Mastriano. “We need to correct these issues to restore faith in our republic.”

WHERE: Wyndham Gettysburg, 95 Presidential Circle, Gettysburg, PA 17325.
The hearing will be streamed live on policy.pasenategop.com.

WHEN: Wednesday, November 25th at 12:30 pm.

“We want assurance that the issues encountered during this past election don’t happen again,” said Chairman Argall. “Senator Mastriano requested this meeting because Pennsylvanians deserve a fair election.”

________________________

C-SPAN

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Pennsylvania Democratic Party
November 25, 2020

TRUMP’S EMBARRASSING CIRCUS CONTINUES IN GETTYSBURG, THIS TIME STARRING HARRISBURG REPUBLICANS

PENNSYLVANIA – Today, Pennsylvania Democratic Party chairwoman Nancy Patton Mills issued the following statement on the planned fake hearing with President Trump at the Wyndham Hotel in Gettysburg — and featuring such luminaries as Rudy Giuliani and Senator Doug Mastriano, a well-established extremist who has called Barack Obama a “Christian hater” and derided Pete Buttigieg’s “harmful sexual ideology:”

“The 2020 election in Pennsylvania was the most transparent and secure in the history of our commonwealth. President-Elect Joe Biden won Pennsylvania and its 20 electoral votes because more Pennsylvanians voted for him than Donald Trump. This embarrassing charade by Harrisburg Republicans is a disservice to all of Pennsylvania. This silliness needs to end.”

###

November 27, 2020

U.S. Court of Appeals Rules in Trump v. Boockvar

If Judge Brann's Nov. 21 opinion were not clear enough, on Nov. 27 the U.S. Court of Appeals for the Third Circuit issued a similar harsh opinion:

"Voters, not lawyers, choose the President. Ballots, not briefs, decide elections. The ballots here are governed by Pennsylvania election law. No federal law requires poll watchers or specifies where they must live or how close they may stand when votes are counted. Nor does federal law govern whether to count ballots with minor state-law defects or let voters cure those defects. Those are all issues of state law, not ones that we can hear. And earlier lawsuits have rejected those claims.

"Seeking to turn those state-law claims into federal ones, the Campaign claims discrimination. But its alchemy cannot transmute lead into gold. The Campaign never alleges that any ballot was fraudulent or cast by an illegal voter. It never alleges that any defendant treated the Trump campaign or its votes worse than it treated the Biden campaign or its votes. Calling something discrimination does not make it so."

- opinion by U.S. Court of Appeals for the Third Circuit on Nov. 27, 2020.

State Senator Doug Mastriano (R-33)
November 27, 2020

Mastriano Measure Seeks Election Accountability

HARRISBURG – State Senator Doug Mastriano (R-33) proposed a legislative measure today that seeks accountability associated with the 2020 general election.

The resolution, introduced in conjunction with counterparts in the House of Representatives, disapproves and rejects the Secretary of Commonwealth’s premature certification of the results of the November 3 vote pertaining to presidential electors.

The legislative resolution directs State Department Secretary Kathy Boockvar to withdraw and vacate the certification of the presidential election.

Earlier this week, the Senate Majority Policy Committee hosted a public hearing in Gettysburg – hosted by Mastriano – and testimony revealed numerous electoral irregularities in Pennsylvania.
“Pennsylvanians want transparency and accountability with our electoral process – it is the hallmark of our American system to ensure that we the people select our government leaders, including the President of the United States,” said Mastriano. “As state legislators, we take our responsibility to guard and guarantee our constituents’ right to free and fair elections. I fought to defend this right for three decades…nothing is more sacred in our democracy.”

Mastriano is partnering with Senators Michele Brooks (R-50), Dave Arnold (R-48) and Mario Scavello (R-40).

The resolution declares that the selection of presidential electors is in dispute.

Earlier on Friday, members of the House delegation announced their intent to introduce mirror legislation.

Mastriano noted numerous discrepancies that occurred November 3, such as failure to meet the requirement that all mail-in ballots are received by 8 p.m.; “satellite locations” being used outside of parameters set by state law; failure to meet requirements specifying that election officials must authenticate signatures of in-person voters; and – among other issues – failure to follow the law for the tabulation of defective absentee and mailed ballots.

Testimony from Wednesday’s hearing is available at policy.pasenategop.com.

###

On Nov. 28 the Pennsylvania Supreme Court dismissed a lawsuit filed by U.S. Rep. Mike Kelly challenging the mail-in provisions of Act 77 and seeking to halt certification of the results:

Mike Kelly et al.v. Pennsylvania General Assembly et al.
- dismissed on appeal by the Pennsylvania Supreme Court on Nov. 28, 2020.

video: NTD
Amistad Project (got-freedom.org)
December 1, 2020

Amistad Project Announces Major new Election Whistleblowers

Paint vivid picture of fraud involving hundreds of thousands of ballots

PA postal truck driver delivered estimated 144,000-288,000 completed ballots across three state lines.

Arlington, Virginia/December 1, 2020 – Today, the Amistad Project of the Thomas More Society, a national constitutional litigation organization, revealed at a national press conference the identities of whistleblowers coming forward for the first time with accounts of massive ballot fraud, including one who witnessed the shipping of an estimated 144,000-288,000 completed ballots across three state lines on October 21.

Evidence from these whistleblowers in the form of affidavits and video interviews are being used in litigation by the Amistad Project to ensure election integrity and to uphold election laws in key battleground states, including Arizona, Georgia, Michigan, Pennsylvania, and Wisconsin.

In announcing the identities of the whistleblowers and their compelling eyewitness accounts, Phill Kline, the Director of the Amistad Project of the Thomas More Society, said, “their statements and evidence is compelling and provides powerful eyewitness accounts of potential ballot fraud on a massive scale. This evidence joins with unlawful conduct by state and local election officials, including accepting millions of dollars of private funds, to undermine the integrity of this election.

Experts retained by the Amistad Project in sworn declarations state that over 300,000 ballots are at issue in Arizona, 548,000 in Michigan, 204,000 in Georgia, and over 121,000 in Pennsylvania. The declarations are filed as exhibits in Amistad’s litigation in those states. The declarations state that unlawful actions by state and local election officials in swing states, and possibly U.S. Postal Service officials, resulted in the casting and counting of hundreds of thousands of fraudulent ballots and the improper spoiling of tens of thousands of valid ballets.”

The whistleblower accounts released today, detail the failure of election officials in blue jurisdictions to maintain ballot chain of custody, allowing for the potential infusion of fraudulent ballots. These accounts include photographs of individuals improperly accessing voting machines and a detailed eyewitness account of the breaking of sealed boxes of ballot jump drives and commingling of those jump drives with others.

The accounts also reveal multi-state illegal efforts by USPS workers to influence the election in at least three of six swing states. Details include potentially hundreds of thousands of completed absentee ballots being transported across three state lines, and a trailer filled with ballots disappearing in Pennsylvania.

Whistleblower Summary – Truck Driver, Jess Morgan, USPS Subcontractor
The eyewitness account of whistleblower Jesse Morgan raises serious questions about potential USPS complicity in election wrongdoing. Morgan is a driver for a USPS subcontractor. He drives a route from Lancaster, PA to Bethpage, NY to Harrisburg, PA, and back to Lancaster. On October 21, he arrived at Bethpage where he saw 24 gaylords (large cardboard containers used by USPS) and was told they contained mail-in ballots. He saw 24 gaylords containing bulk mail bins filled with identically-sized ballot envelopes stacked crosswise, which likely contained 144,000-288,000 ballots or more. He could see contained handwritten return addresses and one was even marked Certified Mail, prompting the expediter to remark that the person must have really wanted the ballot to get to its destination. Both of these observations revealed the ballots had already been completed and were being returned to be counted.

Mr. Morgangot to Harrisburg at 9:15 a.m., ballots in tow, but was forced to sit in the USPS yard until 3:00 p.m. When he went inside to speak with someone because his hours were about to expire, a self-identified “transportation supervisor” made himself known and instructed Jesse to drive the whole load to Lancaster without unloading the portion intended for Harrisburg.

The “transportation supervisor” would not provide him with a written slip, saying he would need to unload in Harrisburg in order to receive a slip.Morgan drove to Lancaster under orders from the Harrisburg postal supervisor, unhooked the trailer in the normal place, parked his tractor in the normal place, and went home. The next day, his trailer, the only trailer he ever used on his Bethpage route, was gone.

Mr. Morgan experienced several odd behaviors by a select group of USPS personnel which postal experts in sworn statements indicate grossly deviate from normal procedure and behavior. The experts and investigators conclude that this behavior likely reflects concern by those aware of the potential illegal behavior and their attempts to prevent discovery of that behavior.

The Amistad Project believes that fraudulent ballots were mistakenly placed on Jesse Morgan’s trailer, and that he has since been monitored by those who perpetrated the crime – and that these persons could not allow the trailer to be opened and unloaded in a public fashion.

Mr. Morgan was joined by Mr. Nathan Pease of Madison, Wisconsin. Mr. Pease related that he also was a USPS subcontractor and that on November 4 and November 5, two separate postal workers informed him that the USPS on November 4 was gathering tens of thousands of ballots and backdating the postmarks to November 3 so that they may be counted despite the November 3 deadline for receipt of the ballots.

Mr. Pease’s sworn statement coincides in time with a dramatic ballot dump on the morning of November 5 which heavily favored Mr. Biden and which has caused significant controversy within the expert community regarding the statistical probability of the late insertion of tens of thousands of ballots in favor of a single candidate on the morning after the election.

Mr. Greg Stenstrom, who testified before the Pennsylvania legislature last week, also presented his sworn affidavit during the Amistad news conference. Mr. Stenstrom in Delaware County witnessed unsupervised access by a vendor representing Dominion during which the vendor apparently violated election system certification protocols and inserted jump drives to download and update the aggregation machines counting the vote. Later, Mr. Stenstrom witnessed election officials violating protocols by breaking the seal on the machine jump drives and comingling them which reflects an intentional effort to prevent audits to accurately determine the count. This conduct as well violates certification protocols. This evidence joins evidence from Georgia indicating a dominion vendor actually removed the hard drive from an aggregator and took it home with him, thus breaking the chain of custody and undermining the integrity of the count.

Other evidence included a Traverse City, Michigan postal worker who was ordered to back date ballots, as well as postal workers in Pennsylvania who were instructed to place Trump mail – including campaign literature – in undeliverable bins while making sure that Biden mail was delivered in a timely fashion.

In summary:

Postal subcontractor Jesse Morgan on October 21 moved 144,000-288,000 completed mail-in ballots from Bethpage, NY to Lancaster, PA where his trailer holding the ballots disappears.
Postal subcontractor Nathan Pease is told by two separate postal workers on two separate occasions that the USPS in Wisconsin was gathering over 100,000 ballots on the morning of November 4 to backdate the ballots so that the ballots would be counted even if they arrived after the statutory deadline.
Computer expert Gregory Stenstrom of Pennsylvania witnessed a vendor of Dominion machines and local election officials downloaded and updating counting machines in violation of election system protocol and the comingling of machine jump drives in violation of election protocols and rendering audits impossible without direct forensic access to the machines.
Postal workers in Traverse City, Michigan; Coraopolis, Pennsylvania; Erie, Pennsylvania; and Elkins Park, Pennsylvania indicate widespread malfeasance in the postal service including backdating ballots, ordering that Trump mail be interdicted to be placed in the Undeliverable Bulk Business Mail bin, and emphasizing that Biden mail be delivered on time.
Experts retained by the Amistad Project state in sworn declarations that over 300,000 ballots are at issue in Arizona, 548,000 in Michigan, 204,000 in Georgia, and over 121,000 in Pennsylvania.

The Amistad Project, a project to preserve civil liberties, is an initiative of the Thomas More Society, a not-for-profit national public interest law firm. For more information on this and related issues, go to: got-freedom.org.

# # #

U.S. Sen. Ted Cruz (R-TX)
FOR IMMEDIATE RELEASE
Cruz Press Office
Lauren Aronson
December 1, 2020

Sen. Cruz Urges U.S. Supreme Court to Hear Emergency Appeal on Pennsylvania Election Challenge

WASHINGTON, D.C. – U.S. Sen. Ted Cruz (R-Texas) issued the following statement in support of the U.S. Supreme Court hearing an emergency appeal challenging the election results in Pennsylvania:

“Today, an emergency appeal was filed in the U.S. Supreme Court challenging the election results in Pennsylvania. This appeal raises serious legal issues, and I believe the Court should hear the case on an expedited basis.

“The Pennsylvania Constitution requires in-person voting, except in narrow and defined circumstances. Late last year, the Pennsylvania Legislature passed a law that purported to allow universal mail-in voting, notwithstanding the Pennsylvania Constitution’s express prohibition.

“This appeal argues that Pennsylvania cannot change the rules in the middle of the game. If Pennsylvania wants to change how voting occurs, the state must follow the law to do so.

“The illegality was compounded by a partisan Democrat Supreme Court in Pennsylvania, which has issued multiple decisions that reflect their political and ideological biases. Just over a month ago, Justice Alito, along with Justice Thomas and Justice Gorsuch, wrote—correctly, I believe—concerning the Pennsylvania court’s previous decision to count ballots received after Election Day, that ‘there is a strong likelihood that the State Supreme Court decision violates the Federal Constitution.’

“In the current appeal, the Pennsylvania Supreme Court dismissed the claim based on a legal doctrine called ‘laches,’ which essentially means the plaintiffs waited too long to bring the challenge. But, the plaintiffs reasonably argue that the Pennsylvania Supreme Court has not applied that doctrine consistently and so they cannot selectively enforce it now.

“Even more persuasively, the plaintiffs point out that the Pennsylvania Supreme Court has also held that plaintiffs don’t have standing to challenge an election law until after the election, meaning that the court effectively put them in a Catch-22: before the election, they lacked standing; after the election, they’ve delayed too long. The result of the court’s gamesmanship is that a facially unconstitutional election law can never be judicially challenged.

“Ordinarily, the U.S. Supreme Court would stay out of election disputes, especially concerning state law. But these are not ordinary times.

“As of today, according to Reuters/Ipsos polling, 39 percent of Americans believe that ‘the election was rigged.’ That is not healthy for our democracy. The bitter division and acrimony we see across the nation needs resolution. And I believe the U.S. Supreme Court has a responsibility to the American people to ensure that we are following the law and following the Constitution. Hearing this case—now, on an emergency expedited basis—would be an important step in helping rebuild confidence in the integrity of our democratic system.”

###

Oops!

ema Dec. 4, 2020 - Republican legislators sent a letter to members of Pennsylvania's congressional delegation urging them to object to Pennsylvania's electoral votes in the Jan. 6, 2020 Joint Session of Congress. However at least half a dozen of the 75 listed denied signing the letter.

See:
Aila Slisco. "6 Pennsylvania GOP Reps Deny Signing Letter Asking Congress to Dispute Election Results." Newsweek, Dec. 4, 2020.

December 8, 2020
https://www.supremecourt.gov/orders/courtorders/120820zr_bq7d.pdf

(ORDER LIST: 592 U.S.) TUESDAY, DECEMBER 8, 2020

ORDER IN PENDING CASE

20A98 KELLY, MIKE, ET AL. V. PENNSYLVANIA, ET AL.

The application for injunctive relief presented to Justice Alito and by him referred to the Court is denied.

________________________

True the Vote
December 8, 2020

True the Vote Comment on Supreme Court's Decision to Deny U.S. Rep. Mike Kelly's Challenge to Pennsylvania Vote by Mail System

HOUSTON, Texas – True the Vote Founder and President Catherine Engelbrecht released the following statement after the Supreme Court declined to take up the appeal filed by U.S. Representative Mike Kelly (Pa.) challenging the vote by mail system in Pennsylvania:

"We are deeply disappointed in the Supreme Court’s decision to deny U.S. Congressman Mike Kelly’s lawsuit contesting Pennsylvania’s no-excuse vote by mail system. The mismanagement and malfeasance surrounding Pennsylvania’s election in November was unprecedented, with election dates being moved, a massive universal mail voting scheme implemented at the very last minute, and unsecured mail ballot drop boxes permitted all over the state. To date, Pennsylvania officials have done nothing to provide answers or recourse to the countless number of voters who have come forward with witness accounts of election violations and disenfranchisement.

"It is no wonder that polls show two thirds of registered voters believe there was fraud this last election, including 40 percent who believe it was enough to influence the outcome. Among Republicans, 70 percent believe the election was unfair and only 22 percent have confidence in the election process. America can and must do better. True the Vote is committed to fighting for a more transparent election process all over the country and will not give up in the effort to get Pennsylvanians and all Americans the answers and transparency they deserve in their elections. We cannot allow what happened in Pennsylvania and numerous other states in 2020 to ever happen again."

Click here to view the Emergency Application.

Click here to view the Defendant Response

# # #

Dec. 14, 2020 Pennsylvania electors meet. - C-SPAN

Donald J. Trump for President, Inc.
December 20, 2020

Trump Campaign taking Constitutional fight to Supreme Court

President Trump’s campaign today issued the following statement:

“Donald J. Trump for President, Inc., President Trump’s campaign committee, today filed a petition for writ of certiorari to the US. Supreme Court to reverse a trio of Pennsylvania Supreme Court cases which illegally changed Pennsylvania’s mail balloting law immediately before and after the 2020 presidential election in violation of Article II of the United States Constitution and Bush v. Gore. This represents the Campaign’s first independent U.S. Supreme Court filing and seeks relief based on the same Constitutional arguments successfully raised in Bush v. Gore.

“This petition follows a related Pennsylvania case where Justice Alito and two other justices observed ‘the constitutionality of the [Pennsylvania] Supreme Court’s decision [extending the statutory deadline for receipt of mail ballots from 8 pm on election day to 5 pm three days later] … has national importance, and there is a strong likelihood that the State Supreme Court decision violates the Federal Constitution.’

“The Campaign’s petition seeks to reverse three decisions which eviscerated the Pennsylvania Legislature’s protections against mail ballot fraud, including (a) prohibiting election officials checking whether signatures on mail ballots are genuine during canvassing on Election Day, (b) eliminating the right of campaigns to challenge mail ballots during canvassing for forged signatures and other irregularities, (c) holding that the rights of campaigns to observe the canvassing of mail ballots only meant that they only were allowed to be ‘in the room’ - in this case, the Philadelphia Convention Center – the size of several football fields, and (d) eliminating the statutory requirements that voters properly sign, address, and date mail ballots.

“The petition seeks all appropriate remedies, including vacating the appointment of electors committed to Joseph Biden and allowing the Pennsylvania General Assembly to select their replacements. The Campaign also moved for expedited consideration, asking the Supreme Court to order responses by December 23 and a reply by December 24 to allow the U.S. Supreme Court to rule before Congress meets on January 6 to consider the votes of the electoral college.”

- Rudy Giuliani, attorney for President Trump

Click here to read the Campaign's Petition.

U.S. Rep. Mike Kelly (PA-16)
December 24, 2020

Twenty Eight Members of Congress File Amicus Brief Supporting Representative Kelly's Lawsuit Challenging Pennsylvania's Unconstitutional Mail-in Ball

Washington, D.C. - Last night, more than two dozen members of the United States House of Representatives filed an amicus brief supporting the plaintiffs in Mike Kelly, U.S. Congressman, et al. v. Commonwealth of Pennsylvania, et al., a case challenging the constitutionality of Pennsylvania's no-excuse mail-in ballot voting system.

"I am honored that so many of my colleagues from Pennsylvania and across the country have joined our fight to protect the Pennsylvania Constitution, which states clearly how voters are to cast their votes in the Commonwealth," said Kelly. "If Governor Wolf and the legislature wanted to create another method of voting, they should have amended the Pennsylvania Constitution, which requires, among other factors, placing the question on the ballot for Pennsylvanians to consent. We're asking the Supreme Court of the United States to hear our case and require the Commonwealth to properly amend the Constitution if they want to create a mail-in voting system for future elections.

Read the Amicus Brief Here

Members of Congress who signed the amicus brief include Representatives Alex Mooney (R- W.Va.), Andy Biggs (R-Ariz.), Andy Harris (R-Md.), Bill Posey (R-Fla.), Chip Roy (R-Texas), Dan Bishop (R-N.C.), Dan Meuser (R-Pa.), Debbie Lesko (R-Ariz.), Fred Keller (R-Pa.), GT Thompson (R-Pa.), Guy Reschenthaler (R-Pa.), Jeff Duncan (R-S.C.), Jim Jordan (R-Ohio), Jody Hice (R-Ga.), Dr. John Joyce (R-Pa.), Lloyd Smucker (R-Pa.), Louie Gohmert (R-Texas), Matt Gaetz (R-Fla.), Michael Cloud (R-Texas), Mike Johnson (R- La.), Mo Brooks (R-Ala.), Ralph Norman (R-S.C.), Randy Weber (R-Texas), Scott DesJarlais (R-Tenn.), Scott Perry (R-Pa.), Ted Budd (R-N.C.), Ted Yoho (R-Fla.) and Warren Davison (R-Ohio).

Background
In this case, Representative Kelly and the other plaintiffs allege that the Pennsylvania Legislature and Governor Wolf violated the Pennsylvania Constitution when they enacted no-excuse mail-in voting, which conflicts with the Constitution's clear delineation of what makes a person eligible to vote by mail.

Commonwealth Court Judge Patricia McCullough issued an emergency preliminary injunction in the case, saying:

“Petitioners appear to have established a likelihood to succeed on the merits because Petitioners have asserted the Constitution does not provide a mechanism for the legislature to allow for expansion of absentee voting without a constitutional amendment.”
Following this pronouncement, the Commonwealth of Pennsylvania appealed directly to the Supreme Court of Pennsylvania, which dismissed the case on a technicality without addressing the merits of the petitioners' claims. Currently, the Petitioners have filed a writ of Certiorari to argue the merits before the Supreme Court of the United States (SCOTUS). SCOTUS has yet to announce whether it will take up the case.

U.S. Rep. Mike Kelly (PA-16)
December 31, 2020

Pennsylvania US House Members Release Statement on Certification of Electors

Washington, D.C. – Representative Mike Kelly (PA-16) today released this joint statement with Representatives Dan Meuser (PA-9), Glenn ‘GT’ Thompson (PA-15), Scott Perry (PA-10), Lloyd Smucker (PA-11), Guy Reschenthaler (PA-14), John Joyce (PA-13), and Fred Keller (PA-12) regarding their intent to vote against certification of Pennsylvania's electors on January 6:

“The United States Constitution is unambiguous in declaring that state legislatures are the entity with authority to set election procedure -

“Article 1, Section 4, Clause 1: The Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof…

“Article 2, Section 1, Clause 2: Each state shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors…

“Unfortunately, the many unlawful actions undertaken by the Pennsylvania Governor's office, the Secretary of State, and what has been described as a rogue Pennsylvania Supreme Court exceeded and circumvented the state legislature's clear constitutional authority.

“The unlawful actions include, but are not limited to:

Accepting ballots past 8:00 pm on Election Day;
Not properly requiring signatures to match those on mail-in ballots or requiring dates. Meanwhile, the matching of signatures was required at a polling site;
Authorizing the curing of mail-in ballots with less than a 24-hour's notice. Only some counties were informed and adhered to this order leaving voters treated unequally from county to county;
Authorizing the use of unsecured drop boxes, which is not permitted in statute
Prohibiting certified poll watchers overseeing the canvassing of ballots in Philadelphia;

“These unlawful actions were taken without the authority or consent of the Pennsylvania state legislature. These are facts, and they are indisputable.

“Additionally, the Pennsylvania Attorney General did nothing with regard to these unlawful activities. Not one inquiry, no questioning, and certainly no investigations. Not to mention that hundreds, if not thousands, of affidavits outlining election complaints and potential fraud were documented, submitted, and ignored. The Pennsylvania election could be summed up as a free-for-all with no oversight and different standards applied throughout the Commonwealth. It is also very apparent that the unlawful actions described were concentrated in heavily populated, Democrat-led counties.

“By definition, such unlawful, unregulated, and inconsistent activities resulted in a highly questionable and inaccurate vote total. The scope of these inaccuracies cannot be known until the legal ballots are identified and counted, and the illegal ballots are disqualified. This has not been done.

“Therefore, the state's official certification of electors was based upon a flawed system and an inaccurate vote count. Thus, very possibly resulting in an erroneous certification.

“Until these unlawful practices are acknowledged and corrected, we cannot agree to support electors chosen based upon an inaccurate total vote count. The voters of Pennsylvania deserve integrity in the election process and equal protection under the law.

“This very unfortunate, volatile, and distressing situation is due to the lack of respect and regard for the law and the U.S. Constitution as well as the Pennsylvania State Constitution. Additionally, the failure of Pennsylvania's justice system to seek the truth, rather than stay silent, allowed these irregular, unlawful actions to create a high level of mistrust in the process as well as a potentially flawed outcome.

“If there is an American ideal that all citizens, regardless of party affiliation, can agree upon it is that we must have election integrity. Election integrity is the only way to ensure trust in our elections and it is accomplished by adhering to our Constitution and the law."

###

U.S. Supreme Court Declines to Take Up Ballot Receipt Deadline

ema. Feb. 22, 2021 - On Feb. 22, 2021 the U.S. Supreme Court declined to take up the question of Pennsylvania's ballot receipt deadline in Republican Party of Pennsylvania v.Veronica Degraffenreid, Acting Secretary of Pennsylvania et al. and Jack Corman et. al. v. Pennsylvania Democratic Party et. al. Justices Thomas, Alito and Gorsuch dissented.

The legal issue is rather convoluted; in dissent Justice Samuel Alito wrote:

"[The cases] present an important and recurring constitutional question: whether the Elections or Electors Clauses of the United States Constitution, Art. I, §4, cl. 1; Art. II, §1, cl. 2, are violated when a state court holds that a state constitutional provision overrides a state statute governing the manner in which a federal election is to be conducted. That question has divided the lower courts,*

Justice Clarence Thomas made the argument that the Court should have taken up the cases, writing in dissent:

"We failed to settle this dispute before the election, and thus provide clear rules. Now we again fail to provide clear rules for future elections. The decision to leave election law hidden beneath a shroud of doubt is baffling. By doing nothing, we invite further confusion and erosion of voter confidence. Our fellow citizens deserve better and expect more of us."