{"id":2113,"date":"2021-11-28T20:06:56","date_gmt":"2021-11-28T20:06:56","guid":{"rendered":"https:\/\/archive.amarkfoundation.org\/the2020election\/?page_id=2113"},"modified":"2022-04-19T00:42:29","modified_gmt":"2022-04-19T00:42:29","slug":"voting-related-litigation-pennsylvania","status":"publish","type":"page","link":"https:\/\/archive.amarkfoundation.org\/the2020election\/voting-related-litigation-pennsylvania\/","title":{"rendered":"Voting-related Litigation: Pennsylvania"},"content":{"rendered":"
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1. Kathy Barnette, et al. v. Kenneth Lawrence, et al.<\/span><\/strong><\/h3>\n

(Filed November 3, 2020, 2:20-cv-05477-PBT<\/a>; Voluntarily dismissed November 11, 2020, 2:20-cv-05477-PBT<\/a>)<\/span><\/em><\/p>\n

US District Court: Kathy Barnette, et al. v. Kenneth Lawrence, et al<\/a>.<\/em> was filed in US District Court, Eastern District of Pennsylvania, Philadelphia Division, on November 3, 2020, to challenge the practice of allowing some mail-in voters to cure (meaning fix mistakes) their ballots that were cast in Montgomery County during the November 3, 2020, General Election. The lawsuit states that ballots were illegally pre-canvassed, meaning that election officials allegedly began to open and inspect mail-in ballots before they were supposed to do so. Plaintiffs sought a temporary restraining order and preliminary injunction to halt curing of ballots and to discard those ballots that were cured during pre-canvassing. On November 6, 2020, the Hon. Timothy J. Savage, a Republican<\/strong> appointee, denied<\/a> the TRO. On November 11, 2020, Plaintiffs voluntarily dismissed<\/a> their complaint.<\/p>\n

Issues:<\/strong> Ballot counting (illegally pre-canvassed ballots); Vote-by-mail (ballot curing)<\/p>\n

Outcome:<\/strong> The Plaintiffs lost.<\/p>\n

 <\/p>\n

2. Joseph D. Hamm, et al. v. Kathy Boockvar, et al.<\/span><\/strong><\/h3>\n

(Filed November 3, 2020, 600 MD 2020<\/a>, Granted in part, denied in part\u00a0November 6, 2020, 600 MD 2020<\/a>; Voluntarily dismissed February 11, 2021, 600 MD 2020)<\/em><\/span><\/p>\n

Commonwealth Court:<\/em> Joseph D. Hamm, et al. v. Kathy Boockvar, et al<\/a>.<\/em> was filed in the Pennsylvania Commonwealth Court on November 3, 2020, seeking an injunction to allow the setting aside and securing of certain provisional ballots cast in the November 3, 2020, General Election. The case was assigned to the Hon. P. Kevin Brobson who was elected to the bench with the support of the state Republican<\/strong> Party. On November 6, 2020, Judge Brobson granted<\/a> Plaintiffs\u2019 requested relief in part to set aside certain provisional ballots but denied all other requested relief including limiting the curing of ballots. On February 11, 2021, Plaintiffs voluntarily dismissed<\/a> the matter.<\/p>\n

Issues:<\/strong> Vote-by-mail (separating election day provisional ballots, ballot curing)<\/p>\n

Outcome:<\/strong> The Plaintiffs won and lost.<\/span><\/p>\n

 <\/p>\n

3. In Re: Motion for Injunctive Relief of Northampton County Republican Committee <\/span><\/strong><\/p>\n

(Oral motion presented November 3, 2020, C-48-CV-2020-6915; Denied November 3, 2020, C-48-CV-2020-6915<\/a>; Appeal voluntarily dismissed November 6, 2020,<\/span>\u00a01100 C.D. 2020<\/a>)<\/span><\/em><\/p>\n

Court of Common Pleas: In Re: Motion for Injunctive Relief of Northampton County Republican Committee,<\/em> an oral motion, was presented in the Pennsylvania Court of Common Pleas, Northampton County, on November 3, 2020, to enjoin (prohibit) the disclosure of the identity of cancelled ballots cast in the November 3, 2020, General Election. Disclosure of the names allowed observers to instruct the voters to complete a provisional ballot. On November 3, 2020, the Hon. Michael J. Koury, Jr., Democrat<\/strong>,\u00a0<\/strong><\/span>denied<\/a> the injunction because Petitioner did not prove any harm from allowing voters to complete provisional ballots.<\/p>\n

Commonwealth Court:<\/em> On November 5, 2020, Petitioner filed<\/a> an appeal of Judge Koury\u2019s decision in the Pennsylvania Commonwealth Court. On November 6, 2020, Petitioner voluntarily dismissed<\/a> its appeal.<\/p>\n

Issues:<\/strong> Vote-by-mail (identifying rejected mail-in ballots to allow voters to cast a provisional ballot)<\/p>\n

Outcome:<\/strong> The Plaintiff lost.<\/p>\n

 <\/p>\n

4. In Re: Canvassing Observation<\/span><\/strong><\/h3>\n

(Oral Petition November 3, 2020, 07003<\/a>; Denied November 3, 2020, 07003<\/a>; Petition for Writ to the US Supreme Court denied on February 22, 2021, 20-845<\/a><\/span>)<\/span><\/em><\/p>\n

Court of Common Pleas: In Re: Canvassing Observation<\/a><\/em> was an oral Petition presented by Donald J. Trump for President, Inc., in the Pennsylvania Court of Common Pleas, First Judicial District, on November 3, 2020, complaining that observers of the November 3, 2020, General Election canvassing process in Philadelphia County were illegally prevented from being close enough to the canvassing area to read the ballots. On November 3, 2020, the Hon. Stella Tsai, a Democratic<\/strong> appointee, denied<\/a> Plaintiff\u2019s Petition, finding that the Philadelphia County Board of Elections had complied with the Election Code. The Board\u2019s rule that representatives of candidates had to stand 15-18 feet from election workers did not constitute a violation of the Election Code.<\/p>\n

Commonwealth Court:<\/em> On November 5, 2020, Petitioner appealed<\/a> Judge Tsai\u2019s order to the Pennsylvania Commonwealth Court. On that same day, the Hon. Christine Fizzano Cannon, a Republican<\/strong>, reversed<\/a> Judge Tsai\u2019s decision and remanded the matter to the Court of Common Pleas to order Philadelphia County to allow observers to stand as close as 6 feet from election workers during ballot canvassing and vote counting.<\/p>\n

State Supreme Court:<\/i> On November 5, 2020, the Philadelphia County Board of Elections appealed<\/a> Judge Fizzano Cannon\u2019s decision to the Pennsylvania Supreme Court. On November 17, 2020, the Supreme Court vacated<\/a> the decision of the Commonwealth Court and remanded the case to the trial court, finding that Judge Fizzano Cannon had no basis for either invalidating the Board\u2019s rules where they were consistent with the Election Code, or imposing arbitrary distance requirements. The opinion was written by Justice Debra Todd, a Democrat<\/strong>. Justices Max Baer, Christine Donohue, Kevin Dougherty and David Wecht, all Democrats<\/strong>, joined the opinion. Chief Justice Thomas Saylor and Justice Sallie Updike Mundy, both Republicans<\/strong>, wrote dissents<\/a>.<\/p>\n

US Supreme Court:<\/em> On December 21, 2020, Donald J. Trump for President, Inc.,\u00a0filed<\/a> a Petition for Writ of Certiorari in the US Supreme Court. The Petition, captioned Donald J. Trump for President, Inc. v. Kathy Boockvar, Secretary of the Commonwealth of Pennsylvania, et al.,<\/em> sought review of Judge Tsai\u2019s decision and other judges\u2019 decisions in three related cases. On February 22, 2021, the US Supreme Court denied<\/a> the Petition for Writ of Certiorari.<\/p>\n

Issues:<\/strong> Ballot counting (enforced distance for observers)<\/p>\n

Outcome:<\/strong> The Plaintiffs lost.<\/p>\n

 <\/p>\n

5. Donald J. Trump for President, et al. v. Kathy Boockvar, et al.<\/span><\/strong><\/h3>\n

(Filed November 4, 2020, 602 MD 2020<\/a>; Granted November 12, 2020, 602 MD 2020<\/a>)<\/span><\/em><\/p>\n

Commonwealth Court: Donald J. Trump for President, et al. v. Kathy Boockvar, et al.<\/a><\/em> was filed in the Pennsylvania Commonwealth Court on November 4, 2020, seeking a preliminary injunction to change the deadlines for curing mail-in and absentee ballots cast in the November 3, 2020, General Election.<\/p>\n

The case was assigned to the Hon. Mary Hannah Leavitt, a Republican<\/strong>. On November 5, 2020, Judge Leavitt granted<\/a> Plaintiffs\u2019 request for a preliminary injunction. On November 12, 2020, Judge Leavitt ruled on Plaintiffs\u2019 Petition and ordered<\/a> the Defendant Boards of Election to not count ballots that were segregated according to the November 5, 2020, order, finding Defendant Boockvar did not have statutory authority to change the curing deadlines for absentee and mail-in ballots.<\/p>\n

Issues:<\/strong> Vote-by-mail (ballot curing)<\/p>\n

Outcome:<\/strong> The Plaintiffs won.<\/span><\/p>\n

 <\/p>\n

6. Donald J. Trump for President, Inc. v. Montgomery County Board of Elections<\/span><\/strong><\/h3>\n

(Filed November 5, 2020, 2020-18680<\/a>; Denied November 13, 2020, 2020-18680<\/a>; Appeal withdrawn November 18, 2020, 2020-18680<\/a>)<\/span><\/em><\/p>\n

Court of Common Pleas: Donald J. Trump for President, Inc. v. Montgomery County Board of Elections<\/a>,<\/em> a Petition for Review, was filed in the Pennsylvania Court of Common Pleas of Montgomery County on November 5, 2020, seeking review of a decision by the Montgomery County Board of Elections to deny Petitioner\u2019s objection to counting absentee ballots that did not have certain voter information on the outer envelope. The case was assigned to the Hon. Richard Haaz, a registered Democrat<\/strong> who has cross-filed in elections as a Republican<\/strong>. On November 13, 2020, the court denied<\/a> the Petition for Review and ordered the county to count the 592 ballots at issue, finding that state law did not require voters to fill out the address section on mail-in or absentee ballots.<\/p>\n

Commonwealth Court:<\/em> On November 16, 2020, Petitioner appealed<\/a> Judge Haaz\u2019 decision of November 13, 2020, to the Commonwealth Court of Pennsylvania. On November 18, 2020, Petitioner withdrew<\/a> its appeal.<\/p>\n

Issues:<\/strong> Vote-by-mail (address missing on ballot envelope)<\/p>\n

Outcome:<\/strong> The Plaintiff lost.<\/p>\n

 <\/p>\n

7. Donald J. Trump for President, Inc. v. Philadelphia Board of Elections<\/span><\/strong><\/h3>\n

(Filed November 5, 2020, 2:20-cv-05533<\/a>; Voluntarily dismissed January 8, 2021, 2:20-cv-05533<\/a>)<\/span><\/em><\/p>\n

US District Court:<\/em> Donald J. Trump for President, Inc. v. Philadelphia Board of Elections<\/em><\/a> was filed on November 5, 2020, in US District Court in the Eastern Division of Pennsylvania, stating that Philadelphia refused to allow any poll watchers for President Trump and the Republican Party to observe the ballot counting and requesting an emergency injunction to stop ballot counting. Plaintiff filed a suit in state court with the same allegations, which was captioned In Re: Canvassing Observation, 07003<\/em>. The case was assigned to Judge Paul S. Diamond, who was appointed by Republican<\/strong> George W. Bush.<\/p>\n

In a hearing, the Plaintiff’s counsel told the judge there were a “non-zero” number of observers in the room, and clarified that Trump representatives were in the room to observe ballot counting.[1]<\/sup><\/a>John L. Micek, \u201cTrump federal lawsuit over election observers resolved, report,\u201d penncapital-star.com, November 5, 2020<\/span><\/span>