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Pa. court denies Metcalfe's lawsuit over election results

PHILADELPHIA — A Pennsylvania appellate court Wednesday denied the latest in a string of legal challenges seeking to roll back certification of the election results, ending the last active court battle in the state over the outcome of the race.

In a four-page opinion, Commonwealth Court President Judge Mary Hannah Leavitt dismissed the suit brought by a group of nine GOP state lawmakers, led by Rep. Daryl Metcalfe, R-12th, saying they had waited too long to file their challenge.

They “are unable to demonstrate a clear right to relief or likelihood of prevailing on the merits because their underlying action ... is really an improper and untimely election contest,” she wrote.

Metcalfe’s lawsuit, filed Friday, followed a string of other recent lawsuits filed by President Donald Trump’s allies in the GOP, even as Trump himself appears to have abandoned his campaign’s efforts to bludgeon its way to victory through the courts.

The ruling from Leavitt, a Republican, came a day after the U.S. Supreme Court declined a request from U.S. Rep. Mike Kelly, R-16th, to void the state’s certified results, which declared President-elect Joe Biden the winner in Pennsylvania by some 81,000 votes.

Metcalfe’s suit in state court sought a similar goal. But unlike Kelly, who had argued that the law that widely expanded voting by mail in the state was unconstitutional, Metcalfe zeroed in on decisions by elections administrators and the state’s Supreme Court, which he called “so severely flawed it is impossible to certify the accuracy of the purported results.”

He and his fellow plaintiffs — including Republican state Reps. Russ Diamond, Dawn Keefer, Thomas Sankey, Robert Kauffman, Kathy Rapp, Stephanie Borowicz, Cris Dush and Francis Ryan — rehashed many of the complaints that failed to persuade judges when the Trump campaign originally argued them in their own legal challenges less than a month ago.

Those included disputes over the level of access partisan monitors had to the counting of votes and the fact that some counties allowed voters to correct mistakes on their mail ballots.

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