The Trump campaign filed a case before the U.S. Supreme Court (SCOTUS) Sunday challenging three election rulings by the Pennsylvania Supreme Court.
The case challenges election process changes made by Pennsylvania election officials that the campaign feels were unconstitutional and they believe their claims were affirmed in the 2000 Bush v. Gore decision.
Article II of the Constitution provides that “Each State shall appoint [electors for President and Vice President] in such Manner as the Legislature thereof may direct.” U.S. Const. art. II, § 1, cl. 2 (emphasis added). That power is “plenary,” and the statutory provisions enacted by the legislature in the furtherance of that constitutionally-assigned duty may not be ignored by state election officials or changed by state courts. Bush v. Gore (“Bush II”), 531 U.S. 98, 104-05 (2000).
Yet, during the 2020 presidential election, that is what the Pennsylvania
Supreme Court did in four cases – three at issue in this Petition, and one already before the Court. Statutory requirements were eliminated regarding signature verification, the right of campaigns to challenge invalid mail ballots, mandates that mail voters fill in, date, and sign mail ballot declarations, and even the right of campaigns to observe the mail ballot canvassing process in a meaningful way.
The SCOTUS filing asserts that the decisions results in the counting of about 2.6 million mail-in ballots that should not have been counted and that enough of them would normally have been disqualified to affect the outcome of the election.
Full Text of Trump v. Boockvar, et al
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