Pennsylvania Judge Upholds Block on State Vote Certification, Says Case Alleging New Mail-In Ballot Procedures Unconstitutional Likely to Succeed

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Pennsylvania Commonwealth Judge Patricia McCullough upheld an injunction she issued earlier in the week, blocking the state from certifying its Nov. 3 election results.

The lawsuit, which was brought by Republican lawmakers and candidates, alleges Pennsylvania’s vote-by-mail statute – Act 77 (which vastly expanded the state’s mail-in voting procedures) is in violation of Pennsylvania’s constitution.

Additionally, McCullogh indicated the case is likely to succeed on its merits.

“Additionally, 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,” McCullogh wrote in her opinion.

“Petitioners appear to have a viable claim that the mail-in ballot procedures set forth in Act 77 contravene Pa. Const. Article VII Section 14 as the plain language of that constitutional provision is at odds with the mail-in provisions of Act 77. Since this presents an issue of law which has already been thoroughly briefed by the parties, this Court can state that Petitioners have a likelihood of success on the merits of its Pennsylvania Constitutional claim,” she added.

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