A huge win for the Trump campaign.
On Thursday, a Pennsylvania judge has ruled in favor of the Trump campaign, ordering that the state may not count ballots where the voters needed to provide proof of identification and failed to do so by Nov. 9. I would think they should have done it by Election Day on November 3rd.
Act 77, the state law that allowed mail in voting, dictates that voters have until six days after the election, which means November 9, to remedy any problems regarding a voter not being able to show proof of identification (Voter ID). After the Pennsylvania Supreme Court unconstitutionally ruled that mail-in ballots could be accepted 3 days after Election Day, Pennsylvania Secretary of State Kathy Boockvar provided guidance that said proof of identification could be provided up until Nov. 12, which is six days from the ballot acceptance deadline. That guidance was issued two days before Election Day.
Meanwhile, none of what the Pennsylvania Supreme Court or Boockvar did was legal.
Article I, Section 4 of the US Constitution spells it out pretty clearly.
“The Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof; but the Congress may at any time by Law make or alter such Regulations, except as to the Places of chusing Senators.” [emphasis added]
This means that neither a court nor a member of the Executive branch has any power whatsoever to create, change, or remove election laws. That’s what “shall be prescribed in each State by the Legislature thereof” means.
Judge Mary Hannah Leavitt said among other things in the order: [insert pdf file here]
“The Court concludes that Respondent Kathy Boockvar, in her official capacity as Secretary of the Commonwealth, lacked statutory authority to issue the November 1, 2020, guidance to Respondents County Boards of Elections insofar as that guidance purported to change the deadline … for certain electors to verify proof of identification.”
That is exactly the argument that the Trump campaign was making which was that there was no reason or basis in the state’s law that allowed the extension of the voter identification deadline, and that the Secretary of State did not have the power to unilaterally change it. Only a tyrant would do that.
Previously, the court had ordered that all of the ballots where voters provided proof of identification that came in between November 10th in November 12th should be segregated until a ruling was issued that said what should be done with them.
Does anyone at this point believe that the Democrats put all of those ballots aside as ordered? After everything we know that happened from blocking Republican observers from being able to observe vote counts to hearing about software that was rigged to change Trump votes to Biden votes, and hearing that bags of ballots would mysteriously and magically show up in the middle of the night. Most honest people would have to believe they would not. The Democratic Party is beyond being honorable and trustworthy. they have been for some time, only this year’s election proves that anything goes for power.
On Thursday, Judge Leavitt made her ruling that those ballots will not be counted. Score 1 for the good guys.
This is only one of multiple legal challenges that the Trump campaign will be bringing in Pennsylvania. On Friday the campaign is scheduled to have a hearing over thousands of ballots that they claim were improperly counted despite lacking required information.
On top of that, the campaign is waiting for action from the Supreme Court regarding whether the Pennsylvania Supreme Court acted properly in granting the three-day extension for accepting mail-in ballots. It is my belief that the only way that US Supreme Court can rule is that what the Pennsylvania Supreme Court did was a violation of the US constitution and the ACT 77 Pennsylvania law.
Here’s part of the state law that will present problems for the Democrats:
Section 11. Sections 1, 2, 3, 3.2, 4, 5, 5.1, 6, 7, 8, 9 and 12 of this act are nonseverable. If any provision of this act or its application to any person or circumstance is held invalid, the remaining provisions or applications of this act are void.
This means that because the Pennsylvania Supreme Court rendered the Act 77’s that all ballots must be received by 8 PM on Election Day invalid and therefore all the sections listed above are void period.
(8) No absentee ballot under this subsection shall be counted which is received in the office of the county board of elections later than [eight o’clock P.M. on the day of the primary or election] the deadline for its receipt as provided insection 1308(g).
At this point we can pretty much believe that Trump will win Pennsylvania, because of all the voter fraud that is being accounted for with whistleblowers signing affidavits, videos of GOP observers being blocked from entering vote counting areas, and all the other things that are being reported by everyone but Fake News networks like CNN and MSNBC, but the very fact that the Pennsylvania Supreme Court and Governor Wolf’s administration broke the law should render the mail in voting law void, which was exactly what the Pennsylvania legislature wanted in case something like this ever happened.
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Author: Rich Welsh