(TeaParty.org Exclusive) – A Pennsylvania appellate court judge has issued a temporary injunction against the key electoral state’s election results.
This ruling came Wednesday, as various explosive new lawsuits were also filed challenging the results of the election in other contested states.
On Friday, the PA judge issued an opinion explaining her decision and it’s getting Trump supporters pretty excited as it appears to mark a key shift in the direction the campaign’s legal challenges to the campaign.
Commonwealth Court Judge Patricia McCullough stated that it is likely the efforts will be successful.
“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,” she wrote.
“Petitioners appear to have a viable claim that the mail-in ballot procedures set forth in Act 77 contravene [a provision in the state’s Constitution] as the plain language of that constitutional provision is at odds with the mail-in provisions of Act 77.”
Act 77 was signed into law in October of 2019 as BizPac Review explains. It grants state residents the right to request absentee ballots without providing any legitimate reason.
Prior to the signing of the law, such “excuses” for the need for an absentee ballot including being a college student, someone who is working or on vacation in another location at the time of an election, someone who is physically disabled, a member of the military, or has a religious conflict (such as an election taking place on a sacred religious holiday).
The plaintiffs had argued that, by removing the requirement of these excuses to in-person voting, the state had effectively implemented universal mail-in voting under the thin guise of no-excuse absentee voting.
This, they asserted, had no “constitutional authority.”
McCullough, it seems, agreed.
“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 also wrote.
She repeated this assessment of the future of the plaintiff’s legal challenges.
“Additionally, petitioners appear to have established a likelihood to succeed,” she also stated.
Pennsylvania trial court rules the 2020 election was likely unconstitutional in Pennsylvania, and that gives state legislators power to choose electors. https://t.co/pWt9g81ld1
— Robert Barnes (@Barnes_Law) November 28, 2020
BREAKING REPORT: Judge Patricia A. McCullough rules that PA preliminary ELECTION CERTIFICATION injunction was PROPERLY ISSUED and should be upheld..
"Additionally, Petitioners appear to have established a
likelihood to succeed."
— Chuck Callesto (@ChuckCallesto) November 28, 2020
PA Legal Update
Judge McCullough issues HUGELY favorable opinion
– Commonwealth barred from taking ANY further steps to certify results
– Issues raised found to be of "statewide and National concern"
-"likelihood to succeed on the merits"
— Rose Unplugged (@rose_unplugged) November 28, 2020
Memorandum Opinion Filed in Pennsylvania by Judge McCullough – Election Likely Unconstitutional
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