An amended filing by President
The lawsuit originally sought to block Pennsylvania from certifying its election results unless it threw out mail-in votes from the state’s most populous counties, which include the Philadelphia and Pittsburgh areas that voted heavily in favor of Democrat
Sunday’s updated filingscrapped that argument, to instead focus on ballots it maintains were improperly “cured” -- an unknown number but one that is almost certainly a fraction of Biden’s lead in the state of almost 66,000 votes.
“There is no doubt the Trump lawsuit in PA suffered shrinkage today,” Democratic lawyer
The campaign’s original filing in federal court on Sunday claimed there’s evidence that voters in Democratic-leaning counties were improperly allowed to fix errors, or cure, their ballots.
A half-dozen counties named in the suit illegally allowed voters who cast deficient ballots to cast replacement absentee and mail-in ballots before Election Day or provisional ballots on Nov. 3 to “cure” any issues, Trump’s campaign said.
“Unless Bush v. Gore was much ado about nothing, presidential candidates of course have an interest in having lawful votes for them counted and unlawful votes for their opponent invalidated,” the filing said. “That’s particularly true in Pennsylvania, one of a few swing states where recounts or other litigation is ongoing and where the vote margin is close.”
The filing was made by campaign lawyer Linda Kerns, two days after attorneys with Porter Wright Morris & Arthur LLP
A hearing on the state’s
The suit is part of President
Pennsylvania Attorney General
‘Our Big Cases’
Trump on Sunday evening suggested more legal action could be ahead, tweeting that “our big cases” will be filed soon, as states push up against deadlines to certify the votes in the Nov. 3 election. For Pennsylvania, that date is Nov. 23.
The campaign’s initial filing on Sunday cited Pennsylvania’s Lancaster County, which Trump won, as an example of how things were done right, because election officials there “did not contact voters who submitted defective ballots or give them an opportunity to cure,” the filing said. “They simply followed the law and treated these ballots as invalid and refused to count them.”
Another plaintiff in the case, voter John Henry, alleges his defective vote was treated differently from those of voters in other counties in violation of the Constitution’s Equal Protection Clause.
“In other words, Henry cast a defective ballot that was not counted, but another Pennsylvania voter in another county could cast the same defective ballot and have his vote counted -- solely based on place of residence,” the campaign said. “The Defendant counties’ insistence upon counting illegal ballots disparately favored Democratic-leaning counties over Republican-leaning counties.”
With almost all ballots counted in Pennsylvania, Biden is ahead by almost one full percentage point.
The case is Donald J. Trump For President Inc. v. Boockvar, 4:20-cv-02078, U.S. District Court for the Middle District of Pennsylvania (Williamsport).
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