Newsmax TV | November 27, 2020

PA State Legislature on Path to Reclaim Electoral Votes Due to Fraud, and Sen. Mastriano Leads the Way Again — Updated

BY LISA MICHELLE | UPDATED: NOV. 28 & 29, 2020

Today, Pennsylvania State Senator Doug Mastriano, 33rd Senate District, who led the evidentiary hearing with Trump’s legal team on Wednesday, led the way again. He introduced to the Senate and House a Joint Resolution, “Disputing the 2020 General Election,” which is republished below.

This comes on the heals of an earlier decision by the Third Circuit Court of Appeals that denied the Trump campaign appeal to block the state from certifying the election results, which radio and TV host Mark Levin blasted on Twitter as a “shockingly lousy opinion.”

Yet, later today, in another case before the Commonwealth Court of Pennsylvania, the presiding judge, Patricia A. McCullough, upheld a preliminary injunction, which — among other things — blocks Pennsylvania from perfecting the election certification and appointing electors and concludes,

Petitioners appear to have established a likelihood to succeed on the merits because Petitioners have asserted the Constitution does not provide a mechanism for the legislature to allow for expansion of absentee voting without a constitutional amendment. Petitioners appear to have a viable claim that the mail-in ballot procedures set forth in Act 77 contravene Pa. Const. Article VII Section 14 as the plain language of that constitutional provision is at odds with the mail-in provisions of Act 77. . . . [T]his Court can state that Petitioners have a likelihood of success on the merits of its Pennsylvania Constitutional claim.

This Levin said was “Huge.”

UPDATE: The Pennsylvania Supreme Court has vacated the above order by Judge Patricia A. McCullough for an evidentiary hearing and dismissed with prejudice the Petitioner’s petition for review (see Per Curiam Opinion here).

It is a big deal. So too is the Joint Resolution. It reasserts the sole Constitutional authority of the State Legislature, which was usurped by the Governor, the Secretary of State, and the State Supreme Court when they unilaterally ignored and altered Pennsylvania Election Code and certified the election. In doing so, they ignored what Mastriano describes as “compelling” evidence of a “corrupted process” and fraud that must be “corrected.”

In addition to Senator Mastriano, the Resolution was sponsored by senators David J. Arnold, Jr., Michele Brooks, and Mario M. Scavello. If signed by enough Republican members, if will invalidate the election certification, and the General Assembly — the body endowed with the sole Constitutional power — will “correct” it and appoint the electors for President and Vice President.

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Senate of Pennsylvania
Session of 2019 – 2020 Regular Session

MEMORANDUM

Posted:November 27, 2020 07:33 PM
From:Senator Doug Mastriano and Sen. David J. Arnold, Jr.Sen. Michele BrooksSen. Mario M. Scavello
To:All Senate members
Subject:RESOLUTION: Disputing the 2020 General Election
 
In the immediate future, we will be introducing the following resolution:

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A RESOLUTION

WHEREAS, Article I, Section 4, Clause 1 of the United States Constitution empowers state legislatures, including the General Assembly of the Commonwealth of Pennsylvania, to prescribe the “Times, Places, and Manner” of conducting elections; and

WHEREAS, Article II, Section 1, Clause 2 of the United States Constitution empowers state legislatures, including the General Assembly of the Commonwealth of Pennsylvania, to direct the manner of appointing electors for President and Vice President of the United States; and

WHEREAS, the General Assembly of the Commonwealth of Pennsylvania has exercised its authority to establish election administration procedures for the Commonwealth, known as the Pennsylvania Election Code; and

WHEREAS, the Pennsylvania Election Code requires all mail-in ballots to be received by eight o’clock P.M. on the day of the election; and 

WHEREAS, the Pennsylvania Election Code requires election officials at polling places to authenticate the signatures of in-person voters; and

WHEREAS, the Pennsylvania Election Code requires mail-in ballots to be received in the office of the county board of elections and makes no mention of “satellite locations” to be solely used for the collection of “mail-in” ballots; and 

WHEREAS, the Pennsylvania Election Code requires that county boards of elections shall not meet to conduct a pre-canvass of all absentee and mail-in ballots until seven o’clock A.M. on Election Day, during which time defects on mail-in ballots would be identified; and

WHEREAS, the Pennsylvania Election Code prohibits the counting of defective absentee or mail-in ballots; and

WHEREAS, the Pennsylvania Election Code authorizes “watchers,” selected by candidates and political parties, to observe the process of canvassing absentee and mail-in ballots; and

WHEREAS, the Commonwealth conducted an election on November 3, 2020 for federal offices, including selecting electors for President and Vice President of the United States; and

WHEREAS, officials in the Executive and Judicial Branches of the Commonwealth infringed upon the General Assembly’s authority under the United States Constitution by unlawfully changing the rules governing the November 3, 2020 election in the Commonwealth; and

WHEREAS, on September 17, 2020, less than seven weeks before the November 3, 2020 election, the partisan majority on the Supreme Court of the Commonwealth of Pennsylvania unlawfully and unilaterally extended the deadline for mail-in ballots to be received, mandated that ballots mailed without a postmark would be presumed to be received timely, and could be accepted without a verified voter signature; and

WHEREAS, on October 23, 2020, less than two weeks before the November 3, 2020 election and upon a petition from the Secretary of the Commonwealth, the Supreme Court of the Commonwealth of Pennsylvania ruled that mail-in ballots need not authenticate signatures for mail-in ballots, thereby treating in-person and mail-in voters dissimilarly and eliminating a critical safeguard against potential election crime; and

WHEREAS, on November 2, 2020, the night before the November 3, 2020 election and prior to the prescribed time for pre-canvassing mail-in ballots, the office of the Secretary of the Commonwealth encouraged certain counties to notify party and candidate representatives of mail-in voters whose ballots contained defects; and

WHEREAS, heavily Democrat counties permitted mail-in voters to cure ballot defects while heavily Republican counties followed the law and invalidated defective ballots; and

WHEREAS, in certain counties in the Commonwealth, watchers were not allowed to meaningfully observe the pre-canvassing and canvassing activities relating to absentee and mail-in ballots; and

WHEREAS, in other parts of the Commonwealth, watchers observed irregularities concerning the pre-canvassing and canvassing of absentee and mail-in ballots; and

WHEREAS, postal employees in Pennsylvania have reported anomalies relating to mail-in ballots, including multiple ballots delivered to a single address with unfamiliar addressees, ballots mailed to vacant homes, empty lots, and addresses that did not exist; and

WHEREAS, witnesses testifying before the Pennsylvania Senate Majority Policy Committee on November 25, 2020 have provided additional compelling information regarding the questionable nature of the administration of the 2020 General Election; and

WHEREAS, these and other actions of the Secretary of the Commonwealth and other election officials and actions taken at their direction or under their purview resulted in great confusion, the inconsistent application of rules and practices across the Commonwealth, insecurity and uncertainty regarding the collection, handling, storage, pre-canvassing, canvassing, counting, tabulation and reporting of votes and has undermined the legitimacy and accuracy of the vote count arising from mail-in ballots in certain counties in the Commonwealth; and

WHEREAS, the actions of the Secretary of the Commonwealth and others have been contrary to the direction of the Pennsylvania General Assembly regarding the conduct of the November 3, 2020 election for presidential electors in the Commonwealth; and 

WHEREAS, there remains ongoing litigation concerning the administration of the November 3, 2020 election in the Commonwealth; and

WHEREAS, in 2016, Pennsylvania’s general election results were certified on December 12, 2016, and on November 24, 2020, the Secretary of the Commonwealth unilaterally and prematurely certified results of the November 3, 2020 election regarding presidential electors despite ongoing litigation; and

WHEREAS, the Pennsylvania Senate has the duty to ensure that no citizen of this Commonwealth is disenfranchised, to insist that all elections are conducted according to the law, and to satisfy the general public that every legal vote is counted accurately;

THEREFORE, be it RESOLVED that the Pennsylvania Senate —

1. Recognizes substantial irregularities and improprieties associated with mail-in balloting, pre-canvassing, and canvassing during the November 3, 2020 election; and

2. Finds, based on the facts and evidence presented and our own Board of Elections data, that the Presidential election held on November 3, 2020, in Pennsylvania is irredeemably corrupted; and 

3. Disapproves of the infringement on the General Assembly’s sole authority pursuant to the United States Constitution to regulate the selection of Electoral College delegates; and

4. Disapproves of and rejects the Secretary of the Commonwealth’s premature certification of the results of the November 3, 2020 election regarding presidential electors; and

5. Declares that the selection of presidential electors and other statewide electoral contest results in this Commonwealth is in dispute; and

6. Directs that, pursuant to our authority granted in Article II of the United States Constitution and the numerous illegal acts committed, encouraged and ignored by the Governor, Secretary of State, and certain election officials, we hereby take back and reserve to the Pennsylvania General Assembly the power to designate Presidential electors for the State of Pennsylvania for the December, 2020 meeting of the Electoral College and withdraw any prior statement or direction to the contrary given by us or any other official or body; and

7. Directs the Secretary of the Commonwealth and the Governor to withdraw and vacate the certification of presidential electors and to delay certification of results in other statewide electoral contests voted on at the 2020 General Election; and

8. Commands all Presidential electors and other officials to act in conformity with this resolution and not interfere with the authority of the Pennsylvania General Assembly under Article II, Section 1, Clause 2 and under Article I, Section 4, Clause 1 of the United States Constitution; and

9. Urges the United States Congress to recognize and count as the State of Pennsylvania’s electoral votes for President and Vice-President only such electoral votes as are certified directly by the Pennsylvania House of Representatives and the Pennsylvania Senate by subsequent resolution.

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Please join us in cosponsoring this critical resolution.

Lisa Michelle

Lisa Michelle

America's Civil War Rising (ACWR) is a grassroots educational and public benefits organization. All views and opinions expressed by third-party contributors and authors that are posted and contained on our website herein are solely their own and do not necessarily represent the views and opinions of ACWR, its founding members, volunteers, and/or supporters. America's Civil War Rising strives to ensure the accuracy and credibility of all news and information but makes no claim as to the veracity or accuracy of any of the views or opinions expressed by third-party authors herein.

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