The Morning Call

Trump campaign appeals another election case

Suit seeks to throw out near 2K mail-in ballots from Bucks County

- By Marc Levy

President Donald Trump’s campaign continues to press lawsuits over Pennsylvan­ia’s election, appealing another case it lost to the state Supreme Court, this time over fewer than 2,000 ballots in a suburban Philadelph­ia county.

The appeal, filed Friday, is one of at least four pending cases in which Trump or Republican­s are trying to throw out certain ballots or trying to upend the entire election, including President-elect Joe Biden’s victory in Pennsylvan­ia over Trump in the Nov. 3 election.

The Bucks County case involves 1,995 mail-in ballots in which voters failed to handwrite their name, address, date or some combinatio­n of that informatio­n on the outside ballot-return envelope, or enclosed their ballot in an inner unmarked secrecy envelope that became unsealed.

The Trump campaign maintains the ballots should be thrown out under state law, although the state Supreme Court, ruling in separate cases from different counties, has refused to do so.

The county election board chose to count the ballots, a decision that was upheld in lower courts. Bucks County’s lawyers contend that Trump’s campaign should not be allowed to appeal and point out that the number of ballots in question are far too few to change the outcome of Biden’s victory of more than 80,000 votes.

In the U.S. Supreme Court, lawyers for Gov. Tom Wolf, a Democrat, have until Tuesday to respond in a case led by Republican U.S. Rep. Mike Kelly, of northweste­rn Pennsylvan­ia.

Kelly and the other plaintiffs are asking the high court to block Biden’s victory in the battlegrou­nd state, throw out the state’s year-old mail-in voting law and all the mail-in ballots cast by voters under that law.

The state’s lawyers say justices are highly unlikely to grant it. Even if they did, it would not give Trump the presidency.

Before ordering responses by Tuesday, Justice Samuel Alito initially ordered the state’s lawyers to respond by Wednesday, or Dec. 9, the date known as the safe harbor deadline.

That means that Congress cannot challenge any presidenti­al electors named by this date in accordance with state law, as some Republican­s have urged Congress to do.

Pennsylvan­ia’s Supreme Court threw out the case Nov. 28.

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