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Writer's pictureFrank Mulhall

More Electoral Lies

You're being lied to, again. The litigation in Pennsylvania has nothing to do with ballot fraud. The litigation centers around the state law requirement that ballots be post marked prior to and received by election day. The Trump Campaign is challenging the Pennsylvania Supreme Court's decision extending the statutory deadline and mandating a presumption of timeliness for ballots that are not postmarked. Republican Party of PA v. Boockvar, No. 20-542 (U.S. Oct. 23, 2020). PA Secretary of State Boockvar issued conflicting guidance on 10/28/2020 and 11/1/2020 concerning ballots received via USPS after the General Assembly's statutory Election Day Deadline of 11/3/2020; 8:00 p.m., and prior to the PA Supreme Court's extended deadline of 11/6/2020; 8:00 p.m. On 10/28/2020, the Secretary's guidance directed segregation of ballots received between 11/3/2020; 8:00 p.m. and 11/6/2020; 8:00 p.m. were to be securely segregated and NOT COUNTED as ordered by the PA Supreme Court's decision. But, on 11/1/2020, Secretary Boockvar issued "revised" guidance calling for secure segregation AND COUNTING of the ballots contrary to the PA Supreme Court's 10/23/2020 ruling.


The issue in the litigation concerns whether the PA Supreme Court had jurisdiction to extend the statutory deadline of 11/3/2020; 8:00 p.m. promulgated by the PA General Assembly. If it is found that it did not have jurisdiction to extend the legislatively decreed deadline, it will invalidate the ballots in question as a matter of law. In my professional opinion ... the PA Supreme Court clearly does not have jurisdictional authority to extend the legislatively imposed deadline. It is believed that this controversy contemplates tens of thousands ... projected at over one hundred thousand ... improperly counted and legally invalid ballots. Clearly, the profligate Commonwealth canvassing board contempt of the PA Supreme Court Order, and the counting of invalid ballots under state law ... is the reason credentialed observers were kept outside of counting rooms.


I wouldn't celebrate just yet. There is an inevitable Trump win in the offing. The question is ... how will a count of legal votes affect the PA election outcome and award of State Electors. #BeingFrank #blueintheface #FMG




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