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Pennsylvania Supreme Court Tosses Bid to Halt Certification

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Posted: 30th November 2020
Jacob Mallinder
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The Pennsylvania Supreme Court on Saturday dismissed a bid from Representative Mike Kelly and other Republicans to halt the certification of the 2020 presidential election results in the state.

Kelly’s case argued that a 2019 law mandating mail-in voting in Pennsylvania was unconstitutional, proposing two solutions: the invalidation of all mail-in ballots cast during the election or allowing the Republican-controlled Pennsylvania general assembly to appoint presidential electors, rather than allocating them according to the popular vote.

The seven-member court agreed unanimously that the suit came too late, having been filed more than a year after the mail-in voting law was enacted. The court also overturned a lower court injunction blocking Pennsylvania from moving ahead with the certification process.

The case’s dismissal marks the latest in a string of legal defeats for Republicans and affiliates of President Donald Trump’s campaign in an ongoing attempt to dispute the legitimacy of the 2020 election results.

In Pennsylvania last week, two Republican suits aimed at halting the certifications of the state’s election results. Stephanos Bibas, a Trump-nominated judge on the Third Circuit Court of Appeals, wrote in a 21-page unanimous decision on Friday that the president’s lawsuit challenging the results had “no merit.”

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“Free, fair elections are the lifeblood of our democracy,” Bibas wrote. “Charges of unfairness are serious. But calling an election unfair does not make it so. Charges require specific allegations and then proof. We have neither here.”

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About the Author

Jacob Mallinder
Jacob has been working around the Legal Industry for over 10 years, whether that's writing for Lawyer Monthly or helping to conduct interviews with Lawyers across the globe. In his own time, he enjoys playing sports, walking his dogs, or reading.
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