Rep. Mike Kelly, R-16th, speaks as the House debates the objection to confirm the Electoral College vote from Pennsylvania Thursday at the U.S. Capitol. Kelly called the Wednesday attack on the Capitol “wrong,” saying disputes should be handled “under the rule of law.”

The U.S. Supreme Court on Monday denied a motion to expedite consideration of a request from U.S. Rep. Mike Kelly, R-16th, and other Republicans to hear their lawsuit challenging the constitutionality of Pennsylvania's Act 77, which allows all state residents to vote with mail-in ballots.

Kelly along with Sean Parnell, a GOP candidate for the 17th District, and six other Republicans filed a motion for expedited consideration of their request for a writ of certiorari that asks the nation's highest court to hear their argument that Act 77 and its “no excuse needed” rule allowing all residents to vote by mail is unconstitutional.

The motion for expedited consideration was filed Dec. 11, the same day as the writ of certiorari. The court did not include an explanation with its order denying the motion.

The writ argues that in-person voting is a criteria for qualifying to vote under the state Constitution, and that Act 77 is illegal because the General Assembly does not have the authority to enact legislation that runs counter to powers delegated by the Constitution.

Gov. Tom Wolf and Secretary of State Kathy Boockvar are named as respondents in the suit.

Kelly could not be reached for comment.

The Butler County Democratic Committee responded with a post on Facebook.

“The denial means his request to toss out all mail-in votes won't be heard before Inauguration Day,” the post read.

The post goes on to ask people to call Kelly, and tell him that they agree with courts across the country that the election was fair and President-elect Joe Biden won.