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Hmmm: PA judge's stay order on certification argues mail-in ballots challenge "a viable claim"

Added 11-28-20 10:35:02am EST - “"Petitioners have a likelihood of success on the merits of its Pennsylvania Constitutional claim."” - Hotair.com

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Posted By TheNewsCommenter: From Hotair.com: “Hmmm: PA judge's stay order on certification argues mail-in ballots challenge "a viable claim"”. Below is an excerpt from the article.

A glimmer of hope for Donald Trump et al, or yet another oncoming train? The judge who ordered Pennsylvania to halt its election certification processes on Wednesday filed an opinion backing up the action yesterday. Judge Patricia McCullough argued that the plaintiffs’ argument that mass mail-in voting violates the state constitution is “viable,” and that a short delay won’t hurt while courts sort out the challenge.

The case has been somewhat under the radar, because it doesn’t involve claims of fraud. It appears to be a pretty straight legal argument. This is not the federal court case that has received a lot of press attention and in which the Third Circuit Court of Appeals denied relief.

The issue in this case is whether legislative expansion of absentee balloting to broad mail-in balloting violated the Pennsylvania Constitution. It’s not clear what the relief would be; the petitioners seek to preclude the Secretary of State from transmitting the certification or otherwise perfecting the electoral college selections.

Earlier in the week, Judge Patricia McCollough issued a temporary halt to the certification process, and that now is on appeal to the PA Supreme Court. The Judge issued this Opinion to extend that halt pending further hearings, and to set forth the basis for the injunction, which could be relevant to the appeal[.]

This might already be a moot point, as the stay ordered by Judge McCullough on Wednesday has apparently been eclipsed by an automatic counter-stay at the Pennsylvania supreme court. This case hasn’t received a lot of attention, but the Washington Post did cover it Wednesday evening after the state immediately appealed McCullough’s decision. That touched off an automatic stay of the stay, it seems:

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