Magistrates on the state’s Supreme Court bench earlier ruled in favor of extending the deadline for mail-in ballots for up seven days after the election, banning the Green Party on the state’s presidential ballot, and rejecting a proposal to permit out-of-county poll watchers to observe election proceedings. However, they ruled against counting so-called “naked ballots” – ballots that were not put inside the required envelope when sent back.
Hoft commented on the rulings by the state’s Supreme Court Justices, branding them as “partisan attempts to swing the election.” He added that the judges’ ruling on the Green Party’s removal in the state’s presidential ballot was done to ensure possible votes for Joe Biden will not be eroded by a third candidate.
After the ruling, Republicans in the state Senate petitioned the U.S. Supreme Court to stop an order by the state’s Supreme Court permitting mail-in ballots received three days after Election Day to still be counted if they are postmarked by Nov. 3.
Republicans in the Pa. Senate argued that the state court’s ruling violated a federal law ordering elections to be held on a single day, in addition to violating the Constitution’s Election Clause. According to Article I, Section 4: “The Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof.”
Simply put, only lawmakers and not judges can revise election rules.
Hoft remarked that the judicial branch, at any level of government, has no role in deciding when, where and how congressional elections will be done, and this constitutional restriction extends to elections for any federal officeholder – including the president, based on Article II, Section 1: “Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors…”
President Donald Trump won Philadelphia in 2016 by a razor-thin margin of about 44,000 votes, back when in-person voting was widely practiced. However, with the prevalence of mail-in voting in light of the coronavirus pandemic – the president has repeatedly spoken out against it. (Related: Donald Trump lays out evidence of mail-in voting fraud to reporters.)
He warned about instances of mail-in ballots being thrown out “if they have the name Trump on them,” citing reports of ballots being found in a wastepaper basket and some others bring dumped in a river.
Lending credence to the president’s warning, irregularities in the mail-in voting process were found in Pa.’s Luzerne County.
According to a Sept. 24 report from The Epoch Times, authorities discovered a number of discarded mail-in ballots in Luzerne County. Seven of the nine recovered ballots had votes cast for Trump, while the votes for the other two were unknown as the county’s election officials resealed them in the required envelopes.
Reports of mail-in ballots being discarded have also surfaced in Wisconsin, another key battleground state. Three trays of discarded mail, including ballots with votes cast for Trump, were found on the morning of Sept. 22 along Wisconsin Highway 96. The recovered mail-in ballots were returned to the United States Postal Service, and an investigation on the matter was launched.
The presidential election is happening in five weeks, so expect more news about mail-in ballots for Trump being discarded in different places.
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