The Pennsylvania Supreme Court on Saturday evening reversed a lower court’s block on certifying the state’s elections issued Friday night, dismissing with prejudice a lawsuit brought by Republican candidates for the U.S. House of Representatives that sought to have the results nullified over constitutional concerns about a 2019 change in absentee ballot rules. The lead plaintiffs in the case are Rep. Mike Kelly and Sean Parnell.
GOP House candidate Sean Parnell is welcomed on stage by President Trump and Rep. Mike Kelly (R-PA) at rally in Moon Township, PA, September 23, photo by Kristinn Taylor
The Pennsylvania Supreme Court said the suit was dismissed because the plaintiffs failed to file their case in a “timely manner” when Act 77 was passed in 2019.
Pages from the lawsuit were posted online:
The PA Supreme Court dismisses the case brought by U.S. Rep. Mike Kelly that sought to overturn last year’s law creating no-excuse mail voting and to throw out those mail ballots cast in this election.
This is the case the Commonwealth Court had earlier blocked certification in. pic.twitter.com/nO7Glvu46Y
— Jonathan Lai 🙊 賴柏羽 (@Elaijuh) November 28, 2020
Here’s the concurring statement from Justice Wecht (pages 1–4): pic.twitter.com/23svtUtDIn
— Jonathan Lai 🙊 賴柏羽 (@Elaijuh) November 28, 2020
Wecht concurring statement, continued (pages 5–8): pic.twitter.com/YWJ5b1maqj
— Jonathan Lai 🙊 賴柏羽 (@Elaijuh) November 28, 2020
Links to the rulings:
These are now posted (PDFs):
Per curiam order: https://t.co/A53Kf8PefN
Saylor concurring and dissenting statement: https://t.co/rc8YgIzzwM
Wecht concurring statement: https://t.co/ej4bLoL2l7
— Jonathan Lai 🙊 賴柏羽 (@Elaijuh) November 28, 2020
Sean Parnell commented, “It’s not over. This was not unexpected. Stay tuned.”
It’s not over.
This was not unexpected.
Stay tuned. https://t.co/1H3M0UVnMi
— Sean Parnell (@SeanParnellUSA) November 28, 2020
Trump campaign attorney Jenna Ellis, “This has become a ridiculous political game. If Kelly had challenged the statute BEFORE the election, the court would have thrown out the suit saying there was no injury in fact. This is a fight for the very integrity of our entire system. Article II!!”
This has become a ridiculous political game. If Kelly had challenged the statute BEFORE the election, the court would have thrown out the suit saying there was no injury in fact.
This is a fight for the very integrity of our entire system. Article II!!https://t.co/mZoFgd0yvO
— Jenna Ellis (@JennaEllisEsq) November 29, 2020