A Pennsylvania state court issued an injunction on Wednesday blocking any potential new certification of election results in the state, pending a hearing to be held Friday.
Judge Patricia McCullough’s order comes in the case brought by voters in Pennsylvania, including Rep. Mike Kelly, R-Pa., In which they allege that state law allows absentee voting without excuse violated Pennsylvania’s constitution, which describes specific instances where absentee voting is permitted.
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“[T]o to the extent that additional measures remain to complete the certification of the results of the 2020 general election … for the post of President and Vice President of the United States of America, defendants are first barred from do so, while awaiting a hearing of evidence[,]”” McCullough wrote.
Pennsylvania Attorney General Josh Shapiro quickly responded on Twitter, pointing out that it didn’t have much of an impact since the presidential election results had already been certified and voters selected.
Still, Pennsylvania officials quickly filed a notice of appeal with the state Supreme Court, requesting a review of whether McCullough erred in granting an injunction while Kelly and other voters had shown a “failure to meet one of the preconditions” which justified an injunction.
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As with all other November election races that may not have been certified, state officials are temporarily prohibited from certifying the results of any election that has not already been certified.
An evidence hearing will take place on Friday.
The complaint in the case centers on Bill 77, which complainants have called “the most expansive and fundamental change to Pennsylvania’s electoral code to date.” This law extended postal voting, although Article VII, Section 14 of the Pennsylvania Constitution, which covers absentee voting, is very narrow in its scope.
This law states that the state legislature must provide a manner of voting for persons who will be outside their municipality “because their duties, profession or business require them to be elsewhere or who, upon the occurrence of election, cannot attend their appropriate polling place due to illness or physical disability or who will not attend a polling station due to the observance of a religious holiday or who will not may not vote because of his office on polling day, in the case of a county employee, may vote, and for the return and prospecting of their votes in the constituency in which they respectively reside. “
The lawsuit claims that postal votes in Pennsylvania are invalid because to expand absentee voting requires a constitutional amendment, not simply passing a bill.
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While the results of the Pennsylvania presidential election have already been certified, the Trump campaign is still actively fighting them, hoping for certification revocation as they appeal the dismissal of a case they have. brought, alleging that voters were improperly allowed to cure invalid absent votes, and in according to them, more than 680,000 ballots were counted without proper observation.