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Trump campaign sues, among others, Warren County Board of Elections

The Trump campaign has sued nearly every governmental entity that handles elections in the Commonwealth of Pennsylvania.

That includes the Warren County Board of Elections which, except for when they are up for election, include the Warren County Commissioners.

Congressman Glenn Thompson joined Donald J. Trump for President, Inc., as did a couple other members of the Pennsylvania Congressional delegation and two potential poll watchers.

The named defendants include Kathy Boockvar, Pennsylvania’s secretary of state and each of the 67 county election boards.

The heart of the allegations made in a federal district court filing center around Pennsylvania’s new mail-in voting option.

Warren County Solicitor Nathaniel Schmidt said an 11 a.m. executive session is set for Wednesday to discuss the case with the commissioners.

Schmidt, who said he reviewed the complaint, said he is “ready to discuss my thoughts” and his “recommended approach” with the commissioners during that executive session.

Commissioner Jeff Eggleston noted that any action taken in response to the case would have to be taken in public.

The complaint was filed on June 29 in the U.S. District Court for the Western District of Pennsylvania and calls mail-in voting “the single greatest threat to free and fair elections” and could lead to “chaon” for the upcoming General Election.

They assert that the implementation of mail-in voting was “hazardous, hurried and illegal” and “provides fraudsters an easy opportunity to engage in ballot harvesting” where multiple ballots are collected and filed by one person or provide opportunities to “manipulate or destroy ballots, manufacture duplicitous votes and sow chaos.”

The entities named, the Trump campaign claims, are “unwilling to properly administer” the mail-in voting law.

They assert that the result of implementation was a patchwork of different rules with up to 20 counties acting outside of the confines of the legislation. Those 20 counties are not named though instances in Philadelphia and Allegheny counties are specifically highlighted.

“Defendants’ administration of Pennsylvania’s 2020 primary election resulted in violations of the election code and infringement of Constitutional rights to free, fair and transparent public elections,” the complaint states.

“Despite the record number of requested and voted absentee or mail-in ballots, defendants failed to take adequate measures to ensure that the provisions of the election code concerning absentee or mail-in ballots, including without limitation the newly enacted Act 77, were followed.”

A specific challenge was raised over ballot drop off locations implemented in some counties when the legislation requires the ballots to be submitted directly to the county elections office.

“The manner in which the Nov. 3, 2020 General Election is conducted and in which votes are cast and counted should be uniform across the counties of the Commonwealth,” the campaign argues. “In other words, the Equal Protection Clause requires every county in the Commonwealth to enforce and apply the same standards and procedures for an election and it does not allow a select few counties to either decline to enforce or employ those standards or develop their own contradicting standards that benefit their voters to the detriment of voters outside their counties.”

The campaign particularly assails the defendants for their inability to permit partisan poll watchers who “serve to guard the integrity of the vote” and “serve as an important check to ensure transparency and guard against wrong doing by election officials.”

The state currently limits poll watchers to watching polling places and ballot counts in their counties and they assert that the state “has not, and cannot, articulate a constitutionally-recognized basis to restrict poll watchers from serving in counties other than their county of residence.”

They ultimately conclude that the current system “has needlessly reputed in the denial of free and fair elections…. Absent judicial intervention, there is no reason to believe things will be different during the November 3, 2020 General Election.

“Plaintiffs respectfully request that this Court prevent Defendants from making the same mistake twice.”

Several specific court actions are requested — an order that prohibits the return of absentee or mail-in ballots anywhere but the county elections office, an order to prohibit counting mail-in ballots that don’t have the secrecy envelope as the legislation requires and an order to permit poll watchers to be present wherever the ballots are returned regardless of county of residence.

They filed a subsequent motion for a “speedy declaratory judgment,” noting that the election is less than 130 days away.

“Few rights, if any, are more important than the right to free and fair elections, conducted with integrity and transparency, the very right at issue in this case,” they conclude.

US District Judge Nicholas Ranjan, a Trump appointee, in an order on July 2 said he is “cognizant of the exigency of this case” and set a July 13 deadline for the defendants to file any responses on the motion to expedite.

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