Tipsheet

Pennsylvania Judge Rules in Favor of Trump Campaign

Katie Pavlich
Katie Pavlich  |  November 12, 2020 2:55 PM

A Pennsylvania judge has ruled in favor of the Trump campaign by concluding segregated ballots should not be counted. Further, the judge found that Pennsylvania Secretary of State Kathy Boockvar lacked the "statutory authority" to change election law just days before Election Day. 

"[The] Court concludes that Repsondent Kathy Boockvar, in her official capacity as Secretary of the Commonwealth, lacked statutory authority to issue the November 1, 2020, guidance to Respondents County Board of Elections insofar as that guidance purported to change the deadline in Section 1308(h) of the Pennsylvania Election Code...for certain electors to verify proof of identification, based on Secretary Boockvar's interpretation and application oof the Pennsylvania Supreme Court's decision in Pennsylvania Democratic Party v. Boockvar," the ruling states. "Accordingly, the Court hereby ORDERS that Respondents County Boards of Elections are enjoined from counting any ballots that have been segregated." 

Last week U.S. Supreme Court Justice Samuel Alito ordered Pennsylvania election officials to segregate ballots that arrived after Election Day. 

Pennsylvania counties must separate all ballots received by mail after polls closed on Election Day from the rest of the ballots, the Supreme Court ordered on Friday.

Justice Samuel Alito made the order on Friday evening, saying that all county boards of election must comply with guidance that requires them to keep ballots received after 8 p.m. on Tuesday "in a safe, secure and sealed container separate from other voted ballots." If those ballots are counted, they must also be counted separately.

An application the court received earlier on Friday informed them that the Republican Party of Pennsylvania, the applicant in the case, and Secretary of State Kathy Boockvar could not verify that all boards were complying with the guidance.