Republicans in Pennsylvania are asking a state court to step in on an emergency basis to stop the vote certification there. The move comes just hours before most counties are expected to officially certify and Secretary of State Kathy Boockvar signs off.
The lawsuit was filed by GOP Rep. Mike Kelly and others on Saturday. It alleges that Pennsylvania's allowance of universal, no-excuse mail-in balloting was unconstitutional. The lawsuit seeks an immediate halt to the certification process and an invalidation of all mail-in ballots.
Now, with 65 of the 67 counties in the state expected to have meetings shortly to certify their election results, plaintiffs are asking the state board to immediately issue an injunction, writing: "the Court must intervene immediately in order to prevent further, irreparable injury from the resulting wrongs of an election conducted pursuant to an unconstitutional and invalid mail-in voting scheme."
Philadelphia County is expected to meet Monday or Tuesday, depending on this pending lawsuit. According to the Washington Post, Berks County does not intend to certify until Wednesday.
This year there were 2,612,091 mail-in ballots cast for the general election in Pennsylvania.
The initial request for an injunction by Rep. Kelly and other plaintiffs was filed hours before a federal judge in Pennsylvania wrote a scathing opinion dismissing a Trump campaign lawsuit. That suit was filed by Trump's legal team led by Rudy Giuliani, seeking to stop certification.
Judge Matthew Brann, a longtime Republican nominated by President Obama, compared the lawsuit to "Frankenstein’s monster…haphazardly stitched together," and slammed the request to disenfranchise nearly seven million voters in a complaint littered with "strained legal arguments without merit and speculative accusations."
The Trump campaign has appealed to the Third Circuit Court of Appeals which has granted expedited review of the appeal.
The Circuit Court set a deadline for the Trump campaign to submit its brief by 4 p.m. ET Monday, with the reply brief due Tuesday by 4 p.m. ET. The Circuit Court is still determining if there will be oral arguments.