Fetterman, Democratic committees sue to demand Pennsylvania count undated mail-in ballots
(TNS) — A lawsuit to determine which ballots were counted in Pennsylvania’s November election has been filed by the Democratic party and four ballot-recording jurisdictions — Harrisburg, Lancaster, Philadelphia and Montgomery County.
The complaint was filed in the U.S. District Court for the Eastern District of Pennsylvania on Friday. It alleges that Secretary of State Pedro Cortes illegally excluded 2,639 votes from the popular vote count in order to ensure Republican Donald Trump’s election. An Aug. 14 court decision on the lawsuit, filed by Pennsylvania’s Democratic Party and four ballot-recording jurisdictions, was made up of two separate lawsuits – one filed by a Pennsylvania judge and the other by the state legislature.
Fetterman & Associates, P.C., the law firm representing the plaintiff ballot-recording jurisdictions, said its legal action challenges the “the legal and constitutional validity of those votes that were excluded and the validity of the count itself.”
The lawsuit also challenges the legality of a decision by the Pennsylvania Supreme Court on Election Day not to remove votes for President Barack Obama from the count.
In 2012, Philadelphia Democrat Dan Cuyler sought the results of the presidential election from the Secretary of State’s Bureau of Election Fraud. The request was denied because he never certified the results.
He subsequently sued the Bureau of Election Fraud, claiming he was required by state law to demand the counting of his ballot. In 2016, the state Supreme Court agreed, ruling that he was owed his ballot. The state’s high court held that when a voter is required to submit a ballot by state law, but chooses not to do so, that voter is legally entitled to the ballot, and is therefore entitled to the results of an election, including the results on Election Day.
In the 2018 elections, Democrats also challenged votes from Hillary Clinton and her staff. In both cases, the state Supreme Court sided with Democrats, holding that while Clinton might have been eligible to vote in the Democratic primary election, she wasn’t required to vote in the general election.
“Pennsylvania’s Constitution mandates that only voters who are eligible (by law, not on