Monday, March 1, 2021
Monday, March 1, 2021

Delaware County Sued in Federal Court for ‘Creating Three New Election Days’ Amid Nov. 3

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Officials in Delaware County stand accused of creating ‘three new Election Days’ in a federal lawsuit filed earlier this week, documents obtained by Your Content reveal.

What’s more, the lawsuit filed by five residents and one congressional candidate alleges that ‘Pennsylvania’s own experience in the June primary shows that there will be late ballots.’

“The Pennsylvania Supreme Court has now created three new Election Days, despite the fact that Congress, under its paramount authority to regulate federal elections, only established one day—November 3, 2020.” the suit reads.

The suit was filed by Jim Bognet, Donald Miller, Debra Miller, Alan Clark and Jennifer Clark on Oct. 22.

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“It is not a speculative assertion that otherwise late ballots will be counted under the Pennsylvania Supreme Court’s policy that Defendants must now follow. In fact, it is a near-certainty.

“Pennsylvania’s own experience in the June primary shows that there will be late ballots. In the June primary, 18,115 ballots were returned to County Election Boards after the deadline set by the General Assembly.”

The lawsuit also alleges that the unprecedented move is ‘otherwise unlawful.’

“The extension of the Receipt Deadline allows County Boards of Elections to accept votes for Representative that would otherwise be unlawful in his election,” the lawsuit goes on to read.

“The Pennsylvania Supreme Court rewrote the General Assembly’s Receipt Deadline and extended the deadline for the return of mail-in ballots to 5:00 PM on November 6, 2020. This is in direct contravention of the General Assembly’s duly enacted Receipt Deadline.

“In fact, the presumption created by the Pennsylvania Supreme Court—that allows for the casting of votes after Election Day—was not even relief requested by the plaintiffs in that case seeking changes to Pennsylvania’s voting laws.”

The lawsuit asks that the Pennsylvania Supreme Court’s decision be deemed ‘invalid’ for ‘allowing ballots to be cast after’ Election Day.

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