On Saturday, Rep. Mike Kelly (R-PA) filed a lawsuit seeking to invalidate the 2.5 million voters in the Commonwealth of Pennsylvania who voted by mail — or to kick the decision to appoint electors to the Republican-controlled General Assembly.
🚨BREAKING: Republican Congressman Mike Kelly has filed a new frivolous lawsuit in Pennsylvania seeking to block the state from certifying the election results and having the state legislature choose electors.
This is absolutely shameful.https://t.co/KgtT3qohX9
— Marc E. Elias (@marceelias) November 21, 2020
Reuters legal reporter Brad Heath broke down the problems with the lawsuit in a lengthy Twitter thread.
“The lawsuit claims that to expand mail-in voting, Pennsylvania would need to amend its constitution, which it didn’t do, so the whole thing is illegal,” wrote Heath. They are citing the fact that state constitutional provision on providing for “absentee voting” doesn’t explicitly provide for the legislature to do away with an excuse requirement — but, Heath noted, “the state Supreme Court referenced this very section in a case earlier this year in which it construed Act 77 and said not a peep about unconstitutionality.”
Author Kurt Eichenwald argued Kelly’s position was absurd. “Amazing that they said nothing about a law from 2019 until after trump lost, and now want to throw out more than a million ballots of voters who relied on the law, because the ‘I hate democracy’ Republicans refused to challenge it until after the election,” he wrote.