Daily Times (Primos, PA)

Pa. Senate Dems sue Republican­s to block election review subpoena

- By Jonathan Lai

Democrats in the Pennsylvan­ia Senate sued their Republican colleagues Friday evening to block them from subpoenain­g voter records as part of a review of the 2020 election.

The lawsuit argues that the Republican effort unconstitu­tionally tramples on the separation of powers by stepping on the courts’ power to investigat­e and rule on election disputes and on the executive branch’s power, given specifical­ly to the state auditor general, to audit how elections are run. The lawsuit also contends that the subpoena violates state election law because it requests voters’ private informatio­n, including driver’s license numbers and the last four digits of Social Security numbers.

Senate Democrats “ask this Court to prevent violation of the Pennsylvan­ia Election Code and the Pennsylvan­ia Constituti­on through [Republican lawmakers’] untimely election contest and to protect the rights of the approximat­ely 6.9 million Pennsylvan­ians who cast votes in the 2020 General Election, including protection from the unlawful disclosure of their private informatio­n” in the state voter database, the suit reads.

Pa. Republican­s vote to subpoena voter records and personal informatio­n in 2020 election probe

The lawsuit was filed by the Senate Democratic Caucus, headed by Democratic Leader Sen. Jay Costa (D., Allegheny), in Commonweal­th Court, the state court that handles government issues. The defendants are Senate

President Pro Tempore Jake Corman (R., Centre), the highest-ranking state senator and backer of the election review; Sen. Cris Dush (R., Jefferson), whom Corman assigned to lead the effort; and Megan Martin, the Senate’s secretary-parliament­arian.

In addition to asking the court to block Wednesday’s subpoena, Senate Democrats are attempting to stop the broader election review effort.

Jason Thompson, a spokespers­on for Corman and Dush, declined to comment on the lawsuit itself. In a statement Saturday, he pushed back on Democrats’ security concerns around voter informatio­n.

“[I]t is disappoint­ing the security issue has been sensationa­lized by Senate Democrats to the nth degree,” he said. The state legislatur­e works with personal informatio­n “all the time ... and we have done so for many, many years without incident.”

He noted that both Corman and Dush have said that any third-party contractor given access to private informatio­n “will be required to meet the same high standards of informatio­n security under penalty of law.”

Pa. Republican­s are set to subpoena documents and hire a contractor for their 2020 election review

Friday’s lawsuit was the first court attempt by Democrats to stop what Republican senators call a “forensic investigat­ion” or “forensic audit” of election administra­tion and results. At the federal level, U.S. Rep. Mary Gay Scanlon, a Democrat in a district based in Delaware County, asked Friday for the Department of Justice’s Civil Rights Division to investigat­e the “authorizat­ion of a subpoena of breathtaki­ng scope.”

Scanlon, the vice chair of the Committee on House Administra­tion, wrote in a letter with Rep. Zoe Lofgren (D., Calif.), the chair of that committee, that the two are concerned about the subpoena and broad election review effort intimidati­ng voters, including potentiall­y deterring people from registerin­g if they believe their personal informatio­n will not be protected.,

Democrats say the effort, which officially began this month in the Republican­controlled state Senate, is a nakedly partisan attempt to overturn election results, further undermine confidence in elections, and appease the Trump base.

Trump for months called for an “audit” of election results in Pennsylvan­ia, with supporters rallying behind State Sen. Doug Mastriano, a likely gubernator­ial candidate who has spread false claims about the 2020 election and risen to political prominence by promising to investigat­e the election. Republican legislativ­e leaders sought to resist those calls by emphasizin­g legislativ­e reform, but the rift between wings of the party grew as pressure mounted.

Why we’re not calling it an audit

The Inquirer is not currently referring to attempts by Pennsylvan­ia Republican­s to investigat­e the 2020 presidenti­al election as an audit because there’s no indication it would follow the best practices or the common understand­ing of an audit among nonpartisa­n experts. When asked by The Inquirer, lawmakers leading the effort have not explained how it would actually be run, including whether best practices would be followed; who would be involved, including what role partisan politician­s would play; how the review would be documented; how election equipment and ballots would be secured; and what the scope of any review would be. Joe Biden won Pennsylvan­ia by more than 80,000 votes. State and county audits affirmed the outcome, and there is no evidence of any significan­t fraud.

 ?? ASSOCIATED PRESS ?? The Pennsylvan­ia Capitol is shown in Harrisburg, Pa., Wednesday, Sept. 15, 2021. Republican­s in Pennsylvan­ia’s state Senate are preparing to test how far they can go in pursuing what the GOP calls a “forensic investigat­ion” of last year’s presidenti­al election, as they help perpetuate baseless claims that Democrats cheated former President Donald Trump out of victory.
ASSOCIATED PRESS The Pennsylvan­ia Capitol is shown in Harrisburg, Pa., Wednesday, Sept. 15, 2021. Republican­s in Pennsylvan­ia’s state Senate are preparing to test how far they can go in pursuing what the GOP calls a “forensic investigat­ion” of last year’s presidenti­al election, as they help perpetuate baseless claims that Democrats cheated former President Donald Trump out of victory.

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