No question an election mess in PA but will it reach Supremes?

Wednesday, November 18, 2020
 | 
Chad Groening, Billy Davis (OneNewsNow.com)

Trump supporter in PhillyA veteran of conservative politics says the Trump campaign should keep fighting to expose election fraud and says the battleground state of Pennsylvania is an example of such a uphill fight.

Ken Blackwell, a former Cincinnati mayor and Ohio secretary of state, tells OneNewsNow he views Pennsylvania as the “clearest case” of what he calls a “constitutional violation” and a voting “irregularity” that proved decisive on Election Day.

Joe Biden is currently leading President Trump 50% to 48.8% in Pennsylvania, home of 20 electoral votes, where a difference of approximately 81,600 votes separate the two candidates.

“There are clear examples of where Democrats across the state were allowed to what they call ‘cure’ their ballots and Republicans were not,” Blackwell, now at the Family Research Council, advises. “Those folks who voted in person were treated differently than those folks who mailed in their ballots."

Maginnis

"I have no firsthand knowledge of voter fraud; I only know what I read. If true, then it is a pretty serious set of circumstances and certainly the worst voter fraud incident in the history of the United States."

"Will it ultimately go to the Supreme Court? I suspect that it will. If it's credible, then action will have to be taken – whether by the state legislatures or some of the court systems." 

"It is hard to believe, fundamentally, that you had a nationwide vote [in which] the Republicans did extraordinarily, surprisingly well in the House of Representatives; they did surprisingly well in many of these state legislatures; [and] they did better than expected in the Senate. And yet given that, the margin that was given to Mr. Biden seems distorted. So, there's just an inconsistency here – and that needs to be investigated."

Bob Maginnis
Senior Fellow for National Security
Family Research Council

Fact-check: ‘No question’ policy in dispute

The allegation of ballot “curing” in Democrat-heavy counties was made by Republicans days after Election Day, and a Nov. 16 story at Time.com reported the Trump campaign was pressing that accusation in court as recently as this week.   

Blackwell

“Curing” occurs when a voter is allowed to fix a mail-in ballot that was not filled out properly, such as a missing signature, in order for it to be counted legally. The voter can also cast a provisional ballot at the precinct.

An article about the “curing” at Factcheck.org, the fact-checking website, describes what can best be described as a mess: Some counties contacted voters about their defective ballots on Election Day, when election workers began opening envelopes and readying ballots for counting. That action adheres to state election law, which allows those ballots to be examined the morning of Election Day. 

The fact-checking article reports that Bucks County sent notices to 1,600 voters before Election Day, however, and the Trump administration sued after learning eight other counties refused to “cure” ballots before Election Day because that allowance violates state law.

“There’s no question the policy around curing was inconsistently applied around the state,” the fact-checking story summarizes. “The debate is over who’s at fault for that.”

Hillary Clinton who cares poseAn attorney quoted in the story, who is representing the Democratic National Committee, told Time it’s not clear how many Pennsylvania voters were allowed to fix their ballots and suggested the issue doesn’t matter since Biden is far ahead of Trump.

The claim President Trump is fighting a losing battle over false election fraud allegations has become a frequent talking point for Democrats, whose 2016 nominee (pictured at righthas said she was cheated out of winning, and a post-election poll of Republican voters found 70% said it was not a free and fair election.

The same survey found 99% of Democrats said it was after their candidate won, Politico reported.

Trump losing lawyers and cases

Back in Pennsylvania, the Pittsburgh Post-Gazette gleefully reported this week that numerous attorneys had dropped out of the Trump campaign's federal lawsuit in which Rudy Giuliani, who has not appeared in a federal court since the 1990s, appeared Tuesday to represent the campaign's effort to stop the state from certifying the election. 

Giuliani had asked the court to delay the hearing but that request was denied.

An earlier story by the Post-Gazette pointed out a law firm, Porter Wright, had withdrawn from the federal case due to criticism for representing President Trump. 

Meanwhile, the Trump campaign this week witnessed the state Supreme Court rule 5-2 against its claim that GOP observers were illegally blocked from watching election employees count ballots, NBC News reported in a Nov. 17 story.

Election observers from the Trump campaign had descended on a ballot-counting center in Philadelphia, infamous for voting fraud allegations. A judge’s Nov. 5 order said observers could watch from six feet away after the GOP sued for better access.

Judge banging gavel 2Then came an appeal from the City of Philadelphia, and the state Supreme Court ruled this week that state law only requires for observers to be “in the room” when ballots are counted.

An election law expert quoted by NBC News pointed out the observers are not allowed to challenge ballots under state law, only to watch, and he called that law “bizarre and antiquated” if observers are unable to speak up.

According to Blackwell, the legal mess in Pennsylvania could reach the U.S. Supreme Court where he hopes the justices will “do the right thing” and agree the legal outcome cannot be determined.

If that happens, he says, “the state legislature then has the authority to choose to put the Trump delegates in play for the Electoral College.”

If such an election case reaches the nation's highest court, Washington times columnist Bob Knight predicts a majority of justices will "do the right thing" if the court is presented with overwhelming evidence of vote fraud.

"And send the election into the House of Representatives," he tells OneNewsNow, "or back to the states for more counting..." 

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