Trump Campaign Files Supreme Court Appeal Challenging Pennsylvania Election Results

National   |   Steven Ertelt   |   Dec 21, 2020   |   10:53AM   |   Washington, DC

President Donald Trump’s campaign continues to try every avenue possible to try to challenge what it sees as fraudulent results in the 2020 presidential election. It has filed an appeal with the Supreme Court to reverse decisions by the Pennsylvania Supreme Court that changed mail-in ballot laws and allowed potentially fraudulent votes coming in after Election Day or without valid postmarks.

The campaign hopes to reverse three rulings decided by the state’s Supreme Court that “illegally changed” the mail-in ballot laws “immediately before and after the 2020 presidential election,” it says. Trump attorneys contend that the Supreme Court’s decisions are in violation of Article II of the Constitution and the 2000 Bush v. Gore ruling.

“Donald J. Trump for President, Inc., President Trump’s campaign committee, today filed a petition for writ of certiorari to the US. Supreme Court to reverse a trio of Pennsylvania Supreme Court cases which illegally changed Pennsylvania’s mail balloting law immediately before and after the 2020 presidential election in violation of Article II of the United States Constitution and Bush v. Gore.   This represents the Campaign’s first independent U.S. Supreme Court filing and seeks relief based on the same Constitutional arguments successfully raised in Bush v. Gore,” it said.

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The campaign continued:

“This petition follows a related Pennsylvania case where Justice Alito and two other justices observed ‘the constitutionality of the [Pennsylvania] Supreme Court’s decision [extending the statutory deadline for receipt of mail ballots from 8 pm on election day to 5 pm three days later] … has national importance, and there is a strong likelihood that the State Supreme Court decision violates the Federal Constitution.’

“The Campaign’s petition seeks to reverse three decisions which eviscerated the Pennsylvania Legislature’s protections against mail ballot fraud, including (a) prohibiting election officials checking whether signatures on mail ballots are genuine during canvassing on Election Day, (b) eliminating the right of campaigns to challenge mail ballots during canvassing for forged signatures and other irregularities, (c) holding that the rights of campaigns to observe the canvassing of mail ballots only meant that they only were allowed to be ‘in the room’ – in this case, the Philadelphia Convention Center – the size of several football fields, and (d) eliminating the statutory requirements that voters properly sign, address, and date mail ballots.

“The petition seeks all appropriate remedies, including vacating the appointment of electors committed to Joseph Biden and allowing the Pennsylvania General Assembly to select their replacements. The Campaign also moved for expedited consideration, asking the Supreme Court to order responses by December 23 and a reply by December 24 to allow the U.S. Supreme Court to rule before Congress meets on January 6 to consider the votes of the electoral college.”

Earlier this month, Republican-nominated electors in Pennsylvania and other battleground states cast their presidential “electoral” votes for President Donald Trump and Vice President Mike Pence. Although their states certified the official Electoral College votes from their Democrat counterparts for pro-abortion candidate Joe Biden, the act of voting for Trump preserves their right to have their votes count should legal challenges in their states ultimate reserve the results.

The Pennsylvania Republican Party said the Trump campaign asked the Republican electors to do this in order to preserve any potential rights to legal challenges that could overturn Monday’s vote due to evidence of election fraud.

“We took this procedural vote to preserve any legal claims that may be presented going forward,” Trump campaign Pennsylvania chair Bernie Comfort said in a statement. “This was in no way an effort to usurp or contest the will of the Pennsylvania voters.”

Click here to read the Campaign’s Petition.
Click here to read the Campaign’s Motion.