Yesterday the Trump campaign and two Pennsylvania residents sued Pennsylvania’s scofflaw Secretary of the Commonwealth and seven county election boards in federal court. The lawsuit is premised primarily on equal protection; it alleges that some Pennsylvania counties, which were uniformly favorable to Joe Biden, systematically violated Pennsylvania’s election laws, at times with the encouragement of the Secretary of the Commonwealth, while Republican-leaning counties followed the law. The result was systemic voter fraud that diluted the votes of Pennsylvanians in the law-abiding counties, and also the votes of those who voted in person rather than by mail.
You can read the complaint here. It is 85 pages long and is, in my opinion, quite impressive. It alleges that several Democrat-dominated counties violated Pennsylvania law by preventing Republican “watchers,” as they are called in that state, from observing the ballot counting process. As far as I know, this is indisputably true.
4. Allegheny and Philadelphia Counties alone received and processed 682,479 mail-in and absentee ballots without review by the political parties and candidates…in direct contravention of the Election Code.
142. In Philadelphia County, poll watchers and canvass representatives were denied access altogether in some instances.
143. In Delaware County, observers were denied access to a back room counting area. After a court-ordered injunction, the poll watchers and canvass representatives were finally allowed in the back room counting area on November 5, 2020, to observe, but for only five minutes every two hours. …
145. With particular regard to the Philadelphia County Board of Elections, the Board would not permit the Trump Campaign’s watchers to be within 6 feet of “all aspects” of the pre-canvassing process in direct contravention of Commonwealth Court Judge Christine Fizzano Cannon’s November 5, 2020 Order “requiring that all candidates, watchers, or candidate representatives be permitted to be present for the canvassing process pursuant to 25 P.S. § 2650 and/or 25 P.S. § 3146.8 and be permitted to observe all aspects of the canvassing process within 6 feet.”
146. The Order required the Philadelphia Board of Elections to comply and allow watchers to be within 6 feet by 10:30 a.m., but at 10:35 a.m. the workers were denied entry. Instead, the Board sent all of the workers on a break (previously workers received breaks on a rolling basis), and the Commissioners met offsite. Two hours later the workers returned, and the watchers were allowed to be within 6 feet, but within 6 feet of the first row of counters only. Within a short period of time, the workers began working at other rows that were well-beyond 6-feet, rendering it impossible for watchers to observe the rows that were more than 25-feet beyond the area where watchers were allowed. Moreover, during the course of the entire period, the workers repeatedly removed ballots, sometimes over 100 feet away, to do something with them, which the Trump Campaign’s watchers were unable to observe.
Another issue described in the Complaint is that in several large, Democrat-controlled counties, mail-in ballots were examined in advance of Election Day, which violates Pennsylvania law. Election officials then contacted voters (overwhelmingly if not exclusively Biden voters) and helped them to fill out new ballots that would correct the error, again in plain violation of Pennsylvania law. Republican-dominated counties followed the law, did not examine mail-in ballots in advance, and disqualified them if required to do so by statute.
A third issue relates to when mail-in ballots were received. By law, they had to be received by 8 p.m. on Election Day. But in some Democratic counties, the law allegedly was not followed:
149. A shocking number of mail-in ballots have inexplicably appeared in counties since the November 4 ballot reports. For instance, in Delaware County, the county’s Wednesday, November 4 report indicated that Delaware County reported it has received about 113,000 mail-in ballots and counted approximately 93,000 voted ballots. On the next day, November 5, the Secretary of the Commonwealth’s 4:30 report reflected that Delaware County had received about 114,000 ballots. Several hours later, the Delaware County solicitor reported to an observer that the County had received about 126,000 mail-in ballots and counted about 122,000. As of Sunday, November 8, 2020, the Department of State’s website reflects that the County has counted about 127,000 mail-in ballots. Plaintiffs have received no explanation for where the additional 14,000 voted ballots came from, when they arrived, or why they are included in the current count.
151. In Delaware County, an observer in the county office where mail-in ballots were counted was told by the Delaware County Solicitor that ballots received on November 4, 2020, were not separated from ballots received on Election Day, and the County refused to answer any additional questions.
The Complaint also includes several micro-instances of voter fraud, for example:
123. In Chester County, an observer witnessed a flawed resolution process for over-voted and under-voted ballots. The observer witnessed one election worker responsible for resolving over-voted and under-voted ballots by subjectively determining who the elector intended to choose on the empty votes. The observer reports that in numerous instances the election worker altered the over-voted ballot by changing votes that had been marked for Donald J. Trump to another candidate.
117. In Montgomery County, a poll watcher observed a Judge of Elections pull aside voters who were not listed in the poll books as registered to vote. The poll watcher reports hearing the Judge of Elections tell those voters that they needed to return later and report their name as another name that was in the poll book.
121. In Centre County, a poll worker reported that persons appearing at the polls and admitting that they were New Jersey voters, rather than Pennsylvania voters, were nonetheless provided provisional ballots on which to vote.
That systemic voter fraud occurred in Pennsylvania, with the connivance of the Secretary of the Commonwealth and several Democrat-dominated counties, is, I think, obvious. The question is what can be done about it. The Trump campaign’s Complaint asks the court for an order prohibiting the defendant county election boards and the Secretary of the Commonwealth from certifying the results of the 2020 election “on a Commonwealth-wide basis.” In the alternative, it asks for an order barring any certification that includes the more than 680,000 ballots that Republican poll watchers were prevented from observing, or including those defective ballots that the Democrats illegally allowed to be “cured.”
Press coverage of the Pennsylvania lawsuit has been abysmal. The Hill’s story, by Morgan Chalfant, is typical. Chalfant quotes at length an alleged expert who pooh-poohs the lawsuit, and then writes:
It does not cite specific evidence of electoral fraud.
McEnany also claimed that Democrats were “welcoming” fraud and illegal voting, but did not offer specific evidence of votes known to be fraudulent in the election.
Trump has leveled unfounded claims of widespread fraud in the election, claiming it was stolen from him.
Mr. Chalfant either didn’t bother to read the Complaint, or he is deliberately misleading the Hill’s readers. It isn’t surprising, however: this is the Democratic Party line and the press will stick to it, no matter how many hundreds of affidavits supporting the existence of voter fraud the Trump campaign assembles.
The problem, of course, is that election fraud is easy to perpetrate and difficult, if not impossible, to remedy. The Democrats deliberately set up lax mail-in vote protocols that they knew would enable large numbers of fraudulent votes–residents who vote twice, out of state residents who vote, non-citizens who vote, dead people who vote, and so on. They also cheated in a variety of other ways, like contacting Biden voters to correct illegal ballots. But once those ballots have been tabulated, there is generally no way to identify the fraudulent ones. So it is likely that the 2020 presidential election has been stolen successfully.