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Republican legislators in Pennsylvania introduced a resolution today that argues against state certification results claiming that the state’s executive and judicial branches did not uphold the Constitution in regards to changing applicable laws prior to the November 3 Presidential election.
According to the United States Constitution, powers must be separated between the three branches of government in order to ensure a fair and legitimate process.
The resolution states that “Officials in the Executive and Judicial Branches of the Commonwealth infringed upon the General Assembly’s authority under the Constitution of the United States by unlawfully changing the rules governing the November 3, 2020, election in the Commonwealth”.
According to the “Pennsylvania Election Code“, mail-in ballots need to be received by 8 p.m. on the day of the election, which would ultimately disqualify any extra ballots received after the cut-off. It also “prohibits the counting of defective absentee or mail-in ballots”.
The code further demands that polling place election officials “authenticate the signatures of in-person voters”. Both political parties are allowed viewers to “observe the process of canvassing absentee and mail-in ballots”.
Within the resolution filed today, Pennsylvania Republican Legislators claim that a number of election laws were unconstitutionally changed weeks prior to November 3rd in order to bypass required official and legal processes that ultimately ensure a free and fair election.
One of the claims states that less than 7 weeks before election day on September 17, 2020 “the partisan majority on the Supreme Court of Pennsylvania unlawfully and unilaterally extended the deadline for mail-in ballots to be received and mandated that ballots mailed without a postmark would be presumed to be received timely and could be accepted without a verified voter signature”.
It also argues that on October 23, 2020, the Pennsylvania Supreme Court unconstitutionally ruled that election county board officials “need not authenticate signatures for mail-in ballots” therefore “eliminating a critical safeguard against potential election crime”. The curing of mail-in ballots was permitted in Democratic run counties, while “heavily Republican counties followed the law and invalidated defective ballots”.
The resolution further declares that Pennsylvania Postal employees have come forward to report “anomalies relating to mail-in ballots, including multiple
ballots delivered to a single address with unfamiliar addressees, ballots mailed to vacant homes and empty lots and ballots mailed to addresses that did not exist”. It also mentions the witnesses who testified at the November 25 Pennsylvania Senate Majority Policy Committee in regards to unfair and unconstitutional voting procedures which they observed firsthand on election day.
Finalizing their demands of a free and fair election, Republican legislators ultimately requested that the Pennsylvania Secretary of the Commonwealth and the state’s Governor withdraw or vacate the “premature certification” of presidential electors in the midst of ongoing litigation and “delay certification of results in other Statewide electoral contests voted on at the 2020 general election”.
Pennsylvania General Assembly members issued a statement claiming that a “number of compromises of Pennsylvania’s election laws took place during the 2020 General Election. The documented irregularities and improprieties associated with mail-in balloting, pre-canvassing, and canvassing have undermined our electoral process and, as a result, we cannot accept certification of the results in statewide races.”
Overall, the Pennsylvania House of Representatives has the responsibility to demand a free and fair election which abides by the laws listed within the United States Constitution.