PENNSYLVANIA: The injunction halting the certification stands. A PA judge finds that the PA constitution was likely violated in the expansion of mail-in balloting. Case likely to end up before SCOTUS.https://t.co/6bxBcVu0dq
— Kevin McCullough (@KMCRadio) November 28, 2020
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.