Judge Puts Trump Campaign’s Lawsuit Against PA Mail-in Voting on Hold

Image via Shutterstock

By Associated Press

August 24, 2020

U.S. District Judge J. Nicholas Ranjan put the case on hold until Oct. 5 to see whether state courts decide, or at least narrow, the issues raised by Trump’s campaign and the national Republican Party.

HARRISBURG, Pa. (AP) — A federal judge in Pennsylvania on Sunday put a high-profile election case on hold, telling President Donald Trump’s campaign that its claims must wait, at least until October, for state courts in the presidential battleground to clear up crucial fights, including over collecting and counting mail-in ballots.

U.S. District Judge J. Nicholas Ranjan put the case on hold until Oct. 5 to see whether state courts decide, or at least narrow, the issues raised by Trump’s campaign and the national Republican Party.

Opponents had argued that Ranjan should dismiss the case under a U.S. Supreme Court precedent that matters of state law should be left to state courts to interpret.

“At its heart, the Trump campaign’s lawsuit is an attempt to make it more difficult for people in Pennsylvania to vote safely during the pandemic,” said Witold J. Walczak, legal director of the American Civil Liberties Union of Pennsylvania, which along with election officials across Pennsylvania is a party to the case. “We and our clients want to be sure that every eligible voter has the chance to vote safely in this election, whether they vote by mail or in person at the polls.”

RELATED: Timeline: All the Ways Trump Is Trying to Make It Harder to Vote by Mail in PA

In its lawsuit, filed in June, Trump’s campaign claims the state’s election officials had “chosen a path that jeopardizes election security and will lead — and has already led — to the disenfranchisement of voters, questions about the accuracy of election results, and ultimately chaos” ahead of the Nov. 3 general election.

“The federal court is simply going to reserve its judgment on this in the hopes that the state court will resolve these serious issues and guarantee that every Pennsylvanian has their vote counted—once,” Justin Clark, a Trump campaign deputy campaign manager, said in a statement.

After Oct. 5, parties can ask Ranjan to resume claims in the case.

Ranjan is a Trump appointee. State courts, where Democrats hold a 5-2 majority on the state Supreme Court, could be less friendly territory for Trump’s campaign.

One claim in Trump’s lawsuit, filed in June, seeks to outlaw drop boxes or other collection sites that some counties used in the June 2 primary to help gather a record-smashing number of mail-in ballots. Those drop boxes were used especially by Philadelphia and its heavily populated suburbs in the primary — places where Trump lost badly.

Trump’s campaign also wants to stop counties from counting ballots that lack secrecy envelopes — Democratic Gov. Tom Wolf’s administration advised counties to count them — and it also wants to throw out a state law that restricts poll watchers to county residents.

Meanwhile, the Democratic Party filed a lawsuit in state courts that takes the opposite position on those issues. Last week, Wolf’s administration, in a nod to the urgency of the matter with the election less than two months away, asked the state Supreme Court to use its extraordinary authority to take over the lawsuit.

The state Supreme Court could decide as early as Monday whether to take over and fast-track that lawsuit, which asks justices to order counties to count mail-in ballots that arrive without secrecy envelopes in the Nov. 3 presidential election.

It is a gray area of the law, and Senate Minority Leader Jay Costa, D-Allegheny, estimated the number of votes returned without secrecy envelopes is from 3% to 5% of all mailed-in ballots.

“That’s a significant number, so that issue needs to be resolved,” Costa said.




Local News

VIDEO: Exploring the Harrisburg Mall

VIDEO: Exploring the Harrisburg Mall

Only two stores remain at the once-bustling Harrisburg Mall, which is set to be demolished this year. Let’s take a dive into the history of the mall...

Related Stories
Share This