State high court denies mail-in ballot motion
Pennsylvania's Supreme Court denied a motion Thursday that would have paused its recent decision to dismiss a mail-in ballot election lawsuit brought by U.S. Rep. Mike Kelly, R-16th, and others.
The motion, known as an emergency application, was made after the state Supreme Court on Saturday night threw out the lawsuit, including an order by a lower court judge blocking the certification of any uncertified races across the state.
In the suit, Kelly and the other Republican plaintiffs had sought to either throw out the 2.5 million mail-in ballots submitted under the law — most of them by Democrats — or to wipe out the election results and direct the state's Republican-controlled legislature to pick Pennsylvania's presidential electors.
But the justices in their unanimous decision cited the law's 180-day time limit on filing legal challenges to its provisions as well as the staggering demand that an entire election be overturned retroactively.
“It is not our role to lend legitimacy to such transparent and untimely efforts to subvert the will of Pennsylvania voters,” Justice David Wecht wrote in a concurring opinion. “Courts should not decide elections when the will of the voters is clear.”
Democratic candidate and former Vice President Joe Biden beat President Donald Trump by more than 80,000 votes in Pennsylvania, a state Trump had won in 2016.
After the state's Supreme Court decision, Kelly and the others asked the same court to postpone their decision until the case was appealed to the U.S. Supreme Court.
The state's suit was originally filed Nov. 21 by Kelly, along with Sean Parnell, a Republican who challenged U.S. Rep. Conor Lamb, D-17th, in the general election. Both Kelly and Parnell are staunch supporters of Trump. Attorney General Josh Shapiro's office and several private attorneys for law firms in Philadelphia and New York represented Gov. Tom Wolf and Secretary of State Kathy Boockvar, defendants, in the case.
The Republican-controlled General Assembly was also named as a defendant.
Kelly won reelection by about 70,000 votes, according to the Department of State's unofficial results, whereas Parnell, who has refused to concede, trails Lamb by about 10,000 votes.
