The Pennsylvania Supreme Court has dismissed a lawsuit seeking to declare universal mail-in voting unconstitutional in the state and invalidate the state election results.
The plaintiffs, led by Rep. Mike Kelly and congressional candidate Sean Parnell, both Republicans, argued Act 77, which was signed into law in October 2019, could only be changed by changing the state constitution.
They called for mail-in ballots that they alleged did not meet the “constitutional requirements” to not be certified and for only “legal votes” to be certified, or for the Pennsylvania General Assembly to choose the electors and compensate the legal costs of the plaintiffs.
The seven-member state Supreme Court unanimously found the petitioners had waited too long to challenge the state law.
“At the time this action was filed on November 21, 2020, millions of Pennsylvania voters had already expressed their will in both the June 2020 Primary Election and the November 2020 General Election and the final ballots in the 2020 General Election were being tallied, with the results becoming seemingly apparent,” the order stated. “Equally clear is the substantial prejudice arising from Petitioners’ failure to institute promptly a facial challenge to the mail-in voting statutory scheme, as such inaction would result in the disenfranchisement of millions of Pennsylvania voters.”
A Pennsylvania appeals court judge ordered state officials on Wednesday to halt any further steps toward certifying election results while the case was reviewed, even though Gov. Tom Wolf, D-Pa., said he had certified Democrat Joe Biden as the state’s winner of the presidential election the day before.
A federal appeals court in Philadelphia rejected President Donald Trump’s latest effort to challenge the election results in the state on Friday, in a case that could reach the U.S. Supreme Court if Trump appeals.