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Pa. Court Rejects GOP Bid to Chuck the Election

Another legal defeat for President Trump's team
By Newser Editors and Wire Services
Posted Nov 29, 2020 6:03 AM CST

(Newser) – Pennsylvania's highest court on Saturday night threw out a lower court's order preventing the state from certifying dozens of contests on its Nov. 3 election ballot in the latest lawsuit filed by Republicans attempting to thwart President-elect Joe Biden's victory in the battleground state. The state Supreme Court, in a unanimous decision, threw out the three-day-old order, saying the underlying lawsuit was filed months after the expiration of a time limit in Pennsylvania’s expansive year-old mail-in voting law allowing for challenges to it. Justices also remarked on the lawsuit's staggering demand that an entire election be overturned retroactively. “They have failed to allege that even a single mail-in ballot was fraudulently cast or counted,” Justice David Wecht wrote, per the AP. The state's attorney general, Democrat Josh Shapiro, called the decision “another win for Democracy.”

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President Trump and his lawyer, Rudy Giuliani, meanwhile, have repeatedly and baselessly claimed that Democrats falsified mail-in ballots to steal the election. Biden beat Trump by more than 80,000 votes in Pennsylvania, a state Trump won in 2016. The week-old lawsuit, led by Republican Rep. Mike Kelly, had challenged the state's mail-in voting law as unconstitutional. As a remedy, Kelly and the other Republican plaintiffs had sought to either throw out the 2.5 million mail-in ballots submitted under the law—most by Democrats—or to wipe out the election results and direct the state's Republican-controlled Legislature to pick Pennsylvania's electors. That request—for the state’s lawmakers to pick presidential electors—flies in the face of a century-old state law that already grants the power to pick electors to the state's popular vote, Wecht wrote. A day earlier, Gov. Tom Wolf, a Democrat, had certified Biden as the winner.

(Read more Election 2020 stories.)

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