A federal judge promised Friday a swift decision in a suit filed by a conservative group and Republican state lawmakers — one from Butler County — against two state counties and Philadelphia for using grants from a nonprofit to help fund the general elections next month.

Judge Matthew W. Brann of the U.S. District Court for the Middle District of Pennsylvania listened to arguments Friday about the use of private funds by Centre and Delaware counties and Philadelphia — the defendants in the case — from the Center for Tech and Civic Life to help with the extra cost from elements like coronavirus precautions that will be incurred during this general election.

But the complaint, led by the plaintiff Pennsylvania Voters Alliance, argues that the use of these funds is unconstitutional and Tom King and Tom Breth, Butler County lawyers, made their case for the organization. They argued that Brann should order the funds to be returned to the private organization.

The suit was filed Sept. 25. With the general election nearing, Brann promised a decision by next week as early as Wednesday.

The CTCL grants, which are available to any county that wants the funding, provides money for the purchase of personal protective equipment, disinfectant and other virus controlling measures. The funds can also be used to expand voter education and outreach efforts such as reminding people to vote.

Some of CTCL's major funders include Google, Facebook and the Knight Foundation. The nonprofit's $250 million in grants was funded by Facebook co-founder and CEO Mark Zuckerberg and his wife, and philanthropist, Priscilla Chan.

King described it as “dark Zuckerberg money.”

Centre and Delaware counties have received $863,828 and $2.2 million, respectively, in CTCL grants, the suit says. And Philadelphia has received about $10 million in CTCL election grants this year.

State Rep. Daryl Metcalfe, R-12th, is one of eight GOP state House members who are listed as plaintiffs. Other plaintiffs are three Republican candidates for Congress whose districts include Philadelphia, and three individuals identified as voters.

The complaint and three other similar lawsuits filed in federal court recently in four battleground states are being funded by the Thomas More Society of Chicago, a conservative public interest law firm, through its Amistad Project.

“This case involves a huge amount of money with strings attached to it,” King said Friday in court. “This is a gigantic amount of private money being inserted into our election process in the commonwealth.”

But Edward Rodgers, a lawyer representing Delaware County, defended the use of the funds and claimed that King and Breth hadn't actually shown a violation of federal law.

King contended they didn't have to show any law was being violated, just that no law is in place to allow for this kind of arrangement.

The money, Rodgers noted, is being used to make it easier for voters to submit their ballots on the basis of public health and safety, not for the political gain of any particular candidate.

“Making it easier to vote during a pandemic isn't a violation of the constitution,” Rodgers said. “No federal law prohibits what's being done here.”

Rodgers argued that the plaintiffs were merely trying to make it harder for people to vote.

“Just because people who have different political views than you are advantaged isn't an injury,” Rodgers said, noting that the plaintiffs have tried to bring up similar cases in other states. “And that's what the plaintiffs want, to make it harder for people to vote.”

But King argued that the funds violated the law.

“It is our position that the contribution of these private funds is not permitted under Pennsylvania law,” he said.

And Breth argued that the funds violated the equal protection clause, which is part of the 14th Amendment.

“CTCL is making decisions as to who gets money and distorting the federal system,” Breth said, adding that extra funds create a disparity between county resources.

“As an American, I love to go to vote even when I know my candidate is going to lose,” Breth said. “Nothing is more offensive than knowing that my vote is being diminished or the election is being mishandled in my commonwealth against the law and constitution. Equal protection screams for justice.”

Breth also argued that private funds shouldn't be used in the American governing system.

“Unregulated political influence is not what this system is based on,” Breth said. “We know that money is free speech. That's what this money is. There's no provision in state, federal constitution for private funds to influence elections.”

But Robert A. Wiygul, an attorney representing Kathy Boockvarin, Secretary of the Commonwealth of Pennsylvania, argued that many aspects of our government are funded through private means.