Lawsuits

Here Are the Lawsuits Filed Over PA's Vote Count

Several lawsuits have been filed over Pennsylvania's election practices, including when mail-in ballots must be received, whether voters can "cure" ballots without a signature and how close observers can stand to ballot counting

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Republican House Candidate Kathy Barnette sued on election day after some voters were allowed to fix mistakes with their ballots. NBC10’s Claudia Vargas reports.

Several lawsuits have been files in Pennsylvania over counting election results. Here are the key suits filed so far, according to NBC News:

Republican Party of Pennsylvania v Boockvar

Filed in: U.S. Supreme Court

Issue: The GOP is protesting the state Supreme Court's decision to allow mailed-in ballots three additional days to arrive. They claim that violates federal law and the U.S. Constitution.

Status: The U.S. Supreme Court has already taken up this issue and voted on it 4-4, which meant the lower court ruling stands. The GOP has petitioned for another review. A motion from the Trump campaign to intervene is also pending. On Friday, the Republican party also asked for an immediate order to stop counting disputed ballots.

Barnette v Lawrence

Filed in: Federal court in the Eastern District of Pennsylvania

Issue: A Republican candidate for Congress sued Montgomery County officials, saying they opened and inspected mail ballots before election day, allowing voters a chance to "cure" defects such as an unsigned ballot. The suit sought a temporary restraining order.

Status: The request for a restraining order has since been withdrawn.

Hamm v Boockvar

Filed in: Pa. Commonwealth Court

Issue: Republican candidates for the U.S. House and Pennsylvania State House filed suit because the state gives some groups, including political parties, a list of voters who need to fix technical issues on ballots, such as missing signatures. Parties have reached out to those voters, who then can cast a provisional ballot. The lawsuit seeks an injunction against the practice.

Status: At a hearing at 9:30 a.m. Friday, the court ordered the Secretary of State to notify local election officials that they must set aside any provisional ballots that were cast by voters to fix problems with their mail-in ballots. Later, the court will decide whether those votes can be counted.

In Re: Canvassing Observation 

Filed in: Commonwealth Court

Issue: An appeals court ordered Philadelphia to make it easier for observers to watch ballot handing on Thursday, a victory for the Trump campaign. Philadelphia's ballot count was briefly halted as a result. In the meantime, Philadelphia asked the state Supreme Court to grant an appeal, and the city resumed the count.

Status: Acceptance for appeal pending.

NBC10's Claudia Vargas speaks with a woman who monitored the vote count in Delaware County, and felt confident the process was fair and accurate.

Trump for President v Boockvar

Filed in: Commonwealth Court

Issue: Trump's campaign has sued the Pennsylvania Secretary of State, saying Nov. 9, not Nov. 12, should be the deadline for mail voters to supply missing proof of identification. The court has ordered ballots received in the extended period segregated.

Status: Pending

Trump for President v Philadelphia County Board of Elections

Filed in: Federal court in the Eastern District of Pennsylvania

Issue: Seeks an emergency injunction to stop the vote count in Philadelphia until Republican observers are allowed better access to the canvassing tables. This is similar to one the campaign made Commonwealth Court that briefly halted the count Thursday morning.

Status: The two parties agreed to an accommodation like that in the similar Commonwealth Court case, with both the Trump and Biden campaigns entitled to 60 observers to watch the count.

In Re: Motion for Injunctive Relief of Northampton County Republican Committee

Filed in: Northampton County Court

Issue: A group of Republican candidates are suing over pre-canvassing and the release of names of people whose ballots were rejected and needed to be cured, in a lawsuit similar to Hamm v Boockvar.

Status: Pending

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