1. Kathy Barnette, et al. v. Kenneth Lawrence, et al.
(Filed November 3, 2020, 2:20-cv-05477-PBT; Voluntarily dismissed November 11, 2020, 2:20-cv-05477-PBT)
US District Court: Kathy Barnette, et al. v. Kenneth Lawrence, et al. was filed in US District Court, Eastern District of Pennsylvania, Philadelphia Division, on November 3, 2020, to challenge the practice of allowing some mail-in voters to cure (meaning fix mistakes) their ballots that were cast in Montgomery County during the November 3, 2020, General Election. The lawsuit states that ballots were illegally pre-canvassed, meaning that election officials allegedly began to open and inspect mail-in ballots before they were supposed to do so. Plaintiffs sought a temporary restraining order and preliminary injunction to halt curing of ballots and to discard those ballots that were cured during pre-canvassing. On November 6, 2020, the Hon. Timothy J. Savage, a Republican appointee, denied the TRO. On November 11, 2020, Plaintiffs voluntarily dismissed their complaint.
Issues: Ballot counting (illegally pre-canvassed ballots); Vote-by-mail (ballot curing)
Outcome: The Plaintiffs lost.
2. Joseph D. Hamm, et al. v. Kathy Boockvar, et al.
(Filed November 3, 2020, 600 MD 2020, Granted in part, denied in part November 6, 2020, 600 MD 2020; Voluntarily dismissed February 11, 2021, 600 MD 2020)
Commonwealth Court: Joseph D. Hamm, et al. v. Kathy Boockvar, et al. was filed in the Pennsylvania Commonwealth Court on November 3, 2020, seeking an injunction to allow the setting aside and securing of certain provisional ballots cast in the November 3, 2020, General Election. The case was assigned to the Hon. P. Kevin Brobson who was elected to the bench with the support of the state Republican Party. On November 6, 2020, Judge Brobson granted Plaintiffs’ requested relief in part to set aside certain provisional ballots but denied all other requested relief including limiting the curing of ballots. On February 11, 2021, Plaintiffs voluntarily dismissed the matter.
Issues: Vote-by-mail (separating election day provisional ballots, ballot curing)
Outcome: The Plaintiffs won and lost.
3. In Re: Motion for Injunctive Relief of Northampton County Republican Committee
(Oral motion presented November 3, 2020, C-48-CV-2020-6915; Denied November 3, 2020, C-48-CV-2020-6915; Appeal voluntarily dismissed November 6, 2020, 1100 C.D. 2020)
Court of Common Pleas: In Re: Motion for Injunctive Relief of Northampton County Republican Committee, an oral motion, was presented in the Pennsylvania Court of Common Pleas, Northampton County, on November 3, 2020, to enjoin (prohibit) the disclosure of the identity of cancelled ballots cast in the November 3, 2020, General Election. Disclosure of the names allowed observers to instruct the voters to complete a provisional ballot. On November 3, 2020, the Hon. Michael J. Koury, Jr., Democrat, denied the injunction because Petitioner did not prove any harm from allowing voters to complete provisional ballots.
Commonwealth Court: On November 5, 2020, Petitioner filed an appeal of Judge Koury’s decision in the Pennsylvania Commonwealth Court. On November 6, 2020, Petitioner voluntarily dismissed its appeal.
Issues: Vote-by-mail (identifying rejected mail-in ballots to allow voters to cast a provisional ballot)
Outcome: The Plaintiff lost.
4. In Re: Canvassing Observation
(Oral Petition November 3, 2020, 07003; Denied November 3, 2020, 07003; Petition for Writ to the US Supreme Court denied on February 22, 2021, 20-845)
Court of Common Pleas: In Re: Canvassing Observation was an oral Petition presented by Donald J. Trump for President, Inc., in the Pennsylvania Court of Common Pleas, First Judicial District, on November 3, 2020, complaining that observers of the November 3, 2020, General Election canvassing process in Philadelphia County were illegally prevented from being close enough to the canvassing area to read the ballots. On November 3, 2020, the Hon. Stella Tsai, a Democratic appointee, denied Plaintiff’s Petition, finding that the Philadelphia County Board of Elections had complied with the Election Code. The Board’s rule that representatives of candidates had to stand 15-18 feet from election workers did not constitute a violation of the Election Code.
Commonwealth Court: On November 5, 2020, Petitioner appealed Judge Tsai’s order to the Pennsylvania Commonwealth Court. On that same day, the Hon. Christine Fizzano Cannon, a Republican, reversed Judge Tsai’s decision and remanded the matter to the Court of Common Pleas to order Philadelphia County to allow observers to stand as close as 6 feet from election workers during ballot canvassing and vote counting.
State Supreme Court: On November 5, 2020, the Philadelphia County Board of Elections appealed Judge Fizzano Cannon’s decision to the Pennsylvania Supreme Court. On November 17, 2020, the Supreme Court vacated the decision of the Commonwealth Court and remanded the case to the trial court, finding that Judge Fizzano Cannon had no basis for either invalidating the Board’s rules where they were consistent with the Election Code, or imposing arbitrary distance requirements. The opinion was written by Justice Debra Todd, a Democrat. Justices Max Baer, Christine Donohue, Kevin Dougherty and David Wecht, all Democrats, joined the opinion. Chief Justice Thomas Saylor and Justice Sallie Updike Mundy, both Republicans, wrote dissents.
US Supreme Court: On December 21, 2020, Donald J. Trump for President, Inc., filed a Petition for Writ of Certiorari in the US Supreme Court. The Petition, captioned Donald J. Trump for President, Inc. v. Kathy Boockvar, Secretary of the Commonwealth of Pennsylvania, et al., sought review of Judge Tsai’s decision and other judges’ decisions in three related cases. On February 22, 2021, the US Supreme Court denied the Petition for Writ of Certiorari.
Issues: Ballot counting (enforced distance for observers)
Outcome: The Plaintiffs lost.
5. Donald J. Trump for President, et al. v. Kathy Boockvar, et al.
(Filed November 4, 2020, 602 MD 2020; Granted November 12, 2020, 602 MD 2020)
Commonwealth Court: Donald J. Trump for President, et al. v. Kathy Boockvar, et al. was filed in the Pennsylvania Commonwealth Court on November 4, 2020, seeking a preliminary injunction to change the deadlines for curing mail-in and absentee ballots cast in the November 3, 2020, General Election.
The case was assigned to the Hon. Mary Hannah Leavitt, a Republican. On November 5, 2020, Judge Leavitt granted Plaintiffs’ request for a preliminary injunction. On November 12, 2020, Judge Leavitt ruled on Plaintiffs’ Petition and ordered the Defendant Boards of Election to not count ballots that were segregated according to the November 5, 2020, order, finding Defendant Boockvar did not have statutory authority to change the curing deadlines for absentee and mail-in ballots.
Issues: Vote-by-mail (ballot curing)
Outcome: The Plaintiffs won.
6. Donald J. Trump for President, Inc. v. Montgomery County Board of Elections
(Filed November 5, 2020, 2020-18680; Denied November 13, 2020, 2020-18680; Appeal withdrawn November 18, 2020, 2020-18680)
Court of Common Pleas: Donald J. Trump for President, Inc. v. Montgomery County Board of Elections, a Petition for Review, was filed in the Pennsylvania Court of Common Pleas of Montgomery County on November 5, 2020, seeking review of a decision by the Montgomery County Board of Elections to deny Petitioner’s objection to counting absentee ballots that did not have certain voter information on the outer envelope. The case was assigned to the Hon. Richard Haaz, a registered Democrat who has cross-filed in elections as a Republican. On November 13, 2020, the court denied the Petition for Review and ordered the county to count the 592 ballots at issue, finding that state law did not require voters to fill out the address section on mail-in or absentee ballots.
Commonwealth Court: On November 16, 2020, Petitioner appealed Judge Haaz’ decision of November 13, 2020, to the Commonwealth Court of Pennsylvania. On November 18, 2020, Petitioner withdrew its appeal.
Issues: Vote-by-mail (address missing on ballot envelope)
Outcome: The Plaintiff lost.
7. Donald J. Trump for President, Inc. v. Philadelphia Board of Elections
(Filed November 5, 2020, 2:20-cv-05533; Voluntarily dismissed January 8, 2021, 2:20-cv-05533)
US District Court: Donald J. Trump for President, Inc. v. Philadelphia Board of Elections was filed on November 5, 2020, in US District Court in the Eastern Division of Pennsylvania, stating that Philadelphia refused to allow any poll watchers for President Trump and the Republican Party to observe the ballot counting and requesting an emergency injunction to stop ballot counting. Plaintiff filed a suit in state court with the same allegations, which was captioned In Re: Canvassing Observation, 07003. The case was assigned to Judge Paul S. Diamond, who was appointed by Republican George W. Bush.
In a hearing, the Plaintiff’s counsel told the judge there were a “non-zero” number of observers in the room, and clarified that Trump representatives were in the room to observe ballot counting.[1]John L. Micek, “Trump federal lawsuit over election observers resolved, report,” penncapital-star.com, November 5, 2020 The judge denied the Plaintiff’s motion on November 5, 2020.
On January 7, Plaintiff’s attorney Jerome Marcus requested to withdraw as counsel. On January 8, 2021, Plaintiff voluntarily dismissed its case with prejudice.
Issues: Ballot counting (number of observers allowed)
Outcome: The Plaintiff lost.
8. Donald J. Trump for President, et al. v. Kathy Boockvar, et al.
(Filed November 9, 2020, 4:20-cv-02078; Dismissed November 21, 2020, 4:20-cv-0207; Affirmed November 27, 2020, 20-3384)
US District Court: Donald J. Trump for President, et al. v. Kathy Boockvar, et al. was filed in the US District Court for the Middle District of Pennsylvania on November 9, 2020, against the Pennsylvania Secretary of State Kathy Boockvar and the Boards of Elections of seven counties in Pennsylvania seeking to stop certification of election results. The Trump campaign claimed their observers were unable to stand close enough to see the counting of mail-in and absentee ballots and also claimed that Democratic-heavy counties allowed voters to cure ballots while Republican-heavy counties did not, and sought to enjoin further counting and exclude those ballots. The case was assigned to the Hon. William Brann, a Republican. On November 21, 2020, Judge Brann granted Defendants’ Motion to Dismiss and dismissed Plaintiffs’ case with prejudice because Plaintiffs failed to plead that their observers were treated any differently than observers for other candidates.
US Court of Appeals: Plaintiffs filed an appeal of Judge Brann’s order denying Plaintiffs leave to amend their complaint in the US Court of Appeals for the Third Circuit on November 22, 2020. Plaintiffs also asked the Court of Appeals to enjoin the certification. The appeal was reviewed by a panel that included the Hon. David Brooks Smith, the Hon. Michael Chagares, and the Hon. Stephanos Bibas, all Republican appointees. On November 27, 2020, the court affirmed the decision of the District Court of November 21, 2020, and denied Plaintiffs’ request for an injunction.
Issues: Ballot counting (enforced distance for observers); Vote-by-mail (ballot curing rules applied differently across counties)
Outcome: The Plaintiffs lost.
9. Donald J. Trump for President, Inc. v. The Bucks County Board of Elections, subsequently captioned as In Re: Canvass of Absentee and/or Mail-in Ballots of November 3, 2020, General Election
(Filed November 9, 2020, 2020-05786-20; Denied November 19, 2020, 2020-05786-20; Review denied December 8, 2020, 676 MAL 2020)
Court of Common Pleas: Donald J. Trump for President, Inc. v. The Bucks County Board of Elections, a Petition for Review, was filed on November 9, 2020, in the Pennsylvania Court of Common Pleas, Bucks County. The Trump campaign sought review of decisions by the Bucks County Board of Elections related to 2,177 ballots, alleging they were defective and should be excluded. The case was assigned to the Hon. Robert O. Baldi, a Republican. On November 19, 2020, Judge Baldi denied the Petition.
Commonwealth Court: Petitioner appealed Judge Baldi’s decision in In Re: Canvass of Absentee and/or Mail-in Ballots of November 3, 2020, General Election in the Pennsylvania Commonwealth Court on November 23, 2020. The case was assigned to the Hon. Renee Cohn Jubelirer, a Republican. On November 25, 2020, the court affirmed Judge Baldi’s decision.
State Supreme Court: On December 4, 2020, Petitioner filed an Emergency Petition for Allowance of Appeal in the Pennsylvania Supreme Court for review of the decisions by Judge Jubelirer and Judge Baldi. In a Per Curiam opinion, the court denied the Petition on December 8, 2020.
Issues: Vote-by-mail (ballots missing address, date, or secrecy envelope)
Outcome: The Plaintiff lost.
10. In Re Canvass of Absentee and Mail-In Ballots of November 3, 2020, General Election No. 201100874
(Filed November 10, 2020, 201100874; Denied November 13, 2020, 201100874; Petition for Writ of Cert. denied February 22, 2021, 20-845)
Court of Common Pleas: In Re Canvass of Absentee and Mail-In Ballots of November 3, 2020, General Election No. 201100874, a Petition to Review the November 9th, 2020, decision by the Philadelphia County Board of Elections, was filed on November 10, 2020, by Trump for President, Inc. and one individual voter in the Pennsylvania Court of Common Pleas, Philadelphia County. Prior to this filing, the BOE denied Petitioner’s oral motion to discard 1,211 ballots for lack of written date, elector name or address on the ballot envelope. The case was assigned to the Hon. James Crumlish, a Democrat. On November 13, 2020, Judge Crumlish denied the Petition and affirmed the decision of the BOE to count the 1,211 ballots because there was no statutory requirement that a voter write the date, name, and address on their ballot.
Commonwealth Court: On November 14, 2020, Petitioners appealed Judge Crumlish’s order to the Pennsylvania Commonwealth Court. On November 16, 2020, the court consolidated this case with four other Common Pleas cases in a Per Curiam order.
State Supreme Court: On November 17, 2020, the BOE filed an Application for the Court to Exercise Extraordinary Jurisdiction in the Pennsylvania Supreme Court over the appeal of Judge Crumlish’s decision. On November 19, 2020, the Supreme Court granted the application and transferred the case to the Supreme Court. A sixth case was added to the consolidated case: an Allegheny County decision captioned In Re: 2,349 Ballots in the 2020 General Election. On November 23, 2020, the Supreme Court of Pennsylvania affirmed the decision by Judge Crumlish in the Philadelphia County cases and reinstated the decision in Allegheny County, concluding that while failures to include a handwritten name, address or date in the voter declaration constituted a technical violation of the Election Code, the situation did not warrant the wholesale disenfranchisement of thousands of Pennsylvania voters. The Hon. Max Baer, the Hon. Debra Todd, and the Hon. Christine Donohue, all Democrats, joined the opinion. The Hon. Kevin Dougherty, a Democrat, filed a concurring and dissenting opinion in which the Hon. Thomas Saylor, a Republican, and the Hon. Sallie Updike Mundy, a Republican, joined. The Hon. David Wecht, a Democrat, concurred in the result and filed a concurring and dissenting opinion.
US Supreme Court: On December 21, 2020, Trump for President, Inc. filed a Petition for Writ of Certiorari in the US Supreme Court, captioned Trump for President, Inc. v. Boockvar, et al., 20-845, seeking review of all Pennsylvania Courts’ decisions in the consolidated case because the decisions allegedly resulted in constitutional violations. On February 22, 2021, the Supreme Court denied the Petition for Writ of Certiorari.
Issues: Vote-by-mail (missing written date, name, or address on envelope)
Outcome: The Plaintiffs lost.
11. In Re Canvass of Absentee and Mail-In Ballots of November 3, 2020, General Election No. 201100875
(Filed November 10, 2020, 201100875; Denied November 13, 2020, 201100875; Petition for Writ of Cert. denied February 22, 2021, 20-845)
Court of Common Pleas: In Re Canvass of Absentee and Mail-In Ballots of November 3, 2020, General Election No. 201100875, a Petition to Review the November 9th, 2020, decision by the Philadelphia County Board of Elections, was filed on November 10, 2020, by Trump for President, Inc., and one individual voter in the Pennsylvania Court of Common Pleas, Philadelphia County. Prior to this filing, the BOE denied Petitioner’s oral motion to discard 1,259 ballots for lack of written date on the ballot envelope. The case was assigned to the Hon. James Crumlish, a Democrat. On November 13, 2020, Judge Crumlish denied the Petition and affirmed the decision of the BOE to count the 1,259 ballots because there was no statutory requirement that a voter write the date, name, and address on their ballot.
Commonwealth Court: On November 14, 2020, Petitioners appealed Judge Crumlish’s order to the Pennsylvania Commonwealth Court. On November 16, 2020, the court consolidated this case with four other Common Pleas cases in a Per Curiam order.
State Supreme Court: On November 17, 2020, the BOE filed an Application for the Court to Exercise Extraordinary Jurisdiction in the Pennsylvania Supreme Court over the Petitioner’s appeal of Judge Crumlish’s decision. On November 19, 2020, the Pennsylvania Supreme Court granted the application and transferred the case to itself. A sixth case was added to the consolidated case: an Allegheny County decision captioned In Re: 2,349 Ballots in the 2020 General Election. On November 23, 2020, the Supreme Court of Pennsylvania affirmed the decision by Judge Crumlish in the Philadelphia County cases and reinstated the decision in Allegheny County, concluding that while failures to include a handwritten name, address or date in the voter declaration constituted a technical violation of the Election Code, the situation did not warrant the wholesale disenfranchisement of thousands of Pennsylvania voters. The Hon. Max Baer, the Hon. Debra Todd, and the Hon. Christine Donohue, all Democrats, joined the opinion. The Hon. Kevin Dougherty, a Democrat, filed a concurring and dissenting opinion in which the Hon. Thomas Saylor, a Republican, and the Hon. Sallie Updike Mundy, a Republican, joined. The Hon. David Wecht, a Democrat, concurred in the result and filed a concurring and dissenting opinion.
US Supreme Court: On December 21, 2020, Trump for President, Inc. filed a Petition for Writ of Certiorari in the US Supreme Court, captioned Trump for President, Inc. v. Boockvar, et al., 20-845, seeking review of all Pennsylvania Courts’ decisions in the consolidated case because the decisions allegedly resulted in constitutional violations. On February 22, 2021, the Supreme Court denied the Petition for Writ of Certiorari.
Issues: Vote-by-mail (missing written address on envelope)
Outcome: The Plaintiffs lost.
12. In Re Canvass of Absentee and Mail-In Ballots of November 3, 2020, General Election No. 201100876
(Filed November 10, 2020, 201100876; Denied November 13, 2020, 201100876; Petition for Writ of Cert. denied February 22, 2021, 20-845)
Court of Common Pleas: In Re Canvass of Absentee and Mail-In Ballots of November 3, 2020, General Election No. 201100876, a Petition to Review the November 9th, 2020, decision by the Philadelphia County Board of Elections, was filed on November 10, 2020, by Trump for President, Inc., and one individual voter in the Pennsylvania Court of Common Pleas, Philadelphia County. Prior to this filing, the BOE denied Petitioner’s oral motion to discard 533 ballots for lack of handwritten names on the ballot envelope. The case was assigned to the Hon. James Crumlish, a Democrat. On November 13, 2020, Judge Crumlish denied the Petition and affirmed the decision of the BOE to count the 533 ballots because there was no statutory requirement that a voter write the date, name, and address on their ballot.
Commonwealth Court: On November 14, 2020, Petitioners appealed Judge Crumlish’s order to the Pennsylvania Commonwealth Court. On November 16, 2020, the court consolidated this case with four other Common Pleas cases in a Per Curiam order.
State Supreme Court: On November 17, 2020, the BOE filed an Application for the Court to Exercise Extraordinary Jurisdiction in the Pennsylvania Supreme Court over the Petitioners’ appeal of Judge Crumlish’s decision. On November 19, 2020, the Pennsylvania Supreme Court granted the application and transferred the case to itself. A sixth case was added to the consolidated case: an Allegheny County decision captioned In Re: 2,349 Ballots in the 2020 General Election. On November 23, 2020, the Supreme Court of Pennsylvania affirmed the decision by Judge Crumlish in the Philadelphia County cases and reinstated the decision in Allegheny County, concluding that while failures to include a handwritten name, address or date in the voter declaration constituted a technical violation of the Election Code, the situation did not warrant the wholesale disenfranchisement of thousands of Pennsylvania voters. The Hon. Max Baer, the Hon. Debra Todd, and the Hon. Christine Donohue, all Democrats, joined the opinion. The Hon. Kevin Dougherty, a Democrat, filed a concurring and dissenting opinion in which the Hon. Thomas Saylor, a Republican, and the Hon. Sallie Updike Mundy, a Republican, joined. The Hon. David Wecht, a Democrat, concurred in the result and filed a concurring and dissenting opinion.
US Supreme Court: On December 21, 2020, Trump for President, Inc. filed a Petition for Writ of Certiorari in the US Supreme Court, captioned Trump for President, Inc. v. Boockvar, et al., 20-845, seeking review of all Pennsylvania Courts’ decisions in the consolidated case because the decisions allegedly resulted in constitutional violations. On February 22, 2021, the Supreme Court denied the Petition for Writ of Certiorari.
Issues: Vote-by-mail (missing written address on envelope)
Outcome: The Plaintiffs lost.
13. In Re Canvass of Absentee and Mail-In Ballots of November 3, 2020, General Election No. 201100877
(Filed November 10, 2020, 201100877; Denied November 13, 2020, 201100877; Petition for Writ of Cert. denied February 22, 2021, 20-845)
Court of Common Pleas: In Re Canvass of Absentee and Mail-In Ballots of November 3, 2020, General Election No. 201100877, a Petition to Review the November 9th, 2020, decision by the Philadelphia County Board of Elections, was filed on November 10, 2020, by Trump for President, Inc. and one individual voter in the Pennsylvania Court of Common Pleas, Philadelphia County. Prior to this filing, the BOE denied Petitioner’s oral motion to discard 860 ballots for lack of written addresses on the ballot envelope. The case was assigned to the Hon. James Crumlish, a Democrat. On November 13, 2020, Judge Crumlish denied the Petition and affirmed the decision of the BOE to count the 860 ballots because there was no statutory requirement that a voter write the date, name, and address on their ballot.
Commonwealth Court: On November 14, 2020, Petitioners appealed Judge Crumlish’s order to the Pennsylvania Commonwealth Court. On November 16, 2020, the court consolidated this case with four other Common Pleas cases in a Per Curiam order.
State Supreme Court: On November 17, 2020, the BOE filed an Application for the Court to Exercise Extraordinary Jurisdiction in the Pennsylvania Supreme Court over the Petitioners’ appeal of Judge Crumlish’s decision. On November 19, 2020, the Pennsylvania Supreme Court granted the application and transferred the case to itself. A sixth case was added to the consolidated case: an Allegheny County decision captioned In Re: 2,349 Ballots in the 2020 General Election. On November 23, 2020, the Supreme Court of Pennsylvania affirmed the decision by Judge Crumlish in the Philadelphia County cases and reinstated the decision in Allegheny County, concluding that while failures to include a handwritten name, address or date in the voter declaration constituted a technical violation of the Election Code, the situation did not warrant the wholesale disenfranchisement of thousands of Pennsylvania voters. The Hon. Max Baer, the Hon. Debra Todd, and the Hon. Christine Donohue, all Democrats, joined the opinion. The Hon. Kevin Dougherty, a Democrat, filed a concurring and dissenting opinion in which the Hon. Thomas Saylor, a Republican, and the Hon. Sallie Updike Mundy, a Republican, joined. The Hon. David Wecht, a Democrat, concurred in the result and filed a concurring and dissenting opinion.
US Supreme Court: On December 21, 2020, Trump for President, Inc. filed a Petition for Writ of Certiorari in the US Supreme Court, captioned Trump for President, Inc. v. Boockvar, et al., 20-845, seeking review of all Pennsylvania Courts’ decisions in the consolidated case because the decisions allegedly resulted in constitutional violations. On February 22, 2021, the Supreme Court denied the Petition for Writ of Certiorari.
Issues: Vote-by-mail (missing written address on envelope)
Outcome: The Plaintiffs lost.
14. In Re Canvass of Absentee and Mail-In Ballots of November 3, 2020, General Election No. 201100878
(Filed November 10, 2020, 201100878; Denied November 13, 2020, 201100878; Petition for Writ of Cert. denied February 22, 2021, 20-845)
Court of Common Pleas: In Re Canvass of Absentee and Mail-In Ballots of November 3, 2020, General Election No. 201100878, a Petition to Review the November 9th, 2020, decision by the Philadelphia County Board of Elections, was filed on November 10, 2020, by Trump for President, Inc. and one individual voter in the Pennsylvania Court of Common Pleas, Philadelphia County. Prior to this filing, the BOE denied Petitioner’s oral motion to discard 4,466 ballots for lack of written names and addresses on the ballot envelope. The case was assigned to the Hon. James Crumlish, a Democrat. On November 13, 2020, Judge Crumlish denied the Petition and affirmed the decision of the BOE to count the 4,466 ballots because there was no statutory requirement that a voter write the date, name, and address on their ballot.
Commonwealth Court: On November 14, 2020, Petitioners appealed Judge Crumlish’s order to the Pennsylvania Commonwealth Court. On November 16, 2020, the court consolidated this case with four other Common Pleas cases in a Per Curiam order.
State Supreme Court: On November 17, 2020, the BOE filed an Application for the Court to Exercise Extraordinary Jurisdiction in the Pennsylvania Supreme Court over the Petitioner’s appeal of Judge Crumlish’s decision. On November 19, 2020, the Pennsylvania Supreme Court granted the application and transferred the case to itself. A sixth case was added to the consolidated case: an Allegheny County decision captioned In Re: 2,349 Ballots in the 2020 General Election. On November 23, 2020, the Supreme Court of Pennsylvania affirmed the decision by Judge Crumlish in the Philadelphia County cases and reinstated the decision in Allegheny County, concluding that while failures to include a handwritten name, address or date in the voter declaration constituted a technical violation of the Election Code, the situation did not warrant the wholesale disenfranchisement of thousands of Pennsylvania voters. The Hon. Max Baer, the Hon. Debra Todd, and the Hon. Christine Donohue, all Democrats, joined the opinion. The Hon. Kevin Dougherty, a Democrat, filed a concurring and dissenting opinion in which the Hon. Thomas Saylor, a Republican, and the Hon. Sallie Updike Mundy, a Republican, joined. The Hon. David Wecht, a Democrat, concurred in the result and filed a concurring and dissenting opinion.
US Supreme Court: On December 21, 2020, Trump for President, Inc. filed a Petition for Writ of Certiorari in the US Supreme Court, captioned Trump for President, Inc. v. Boockvar, et al., 20-845, seeking review of all Pennsylvania Courts’ decisions in the consolidated case because the decisions allegedly resulted in constitutional violations. On February 22, 2021, the Supreme Court denied the Petition for Writ of Certiorari.
Issues: Vote-by-mail (missing written address on envelope)
Outcome: The Plaintiffs lost.
15. LaMarr Pirkle, et al. v. Governor Thomas W. Wolf, et al.
(Filed November 10, 2020, 4:20-cv-02088; Voluntarily dismissed November 16, 2020, 4:20-cv-02088)
US District Court: LaMarr Pirkle, et al. v. Governor Thomas W. Wolf, et al., filed on November 10, 2020, by a group of Pennsylvania voters in the US District Court in the Middle District of Pennsylvania, sought to decertify the results of the November 3, 2020, General Election in five counties for purported violations of voters’ Fourteenth Amendment rights by vote-dilution disenfranchisement and alleged voter fraud. The case was assigned to judge Matthew W. Brann, a Republican. On November 16, 2020, Plaintiffs voluntarily dismissed their case.
Issues: Vote-by-mail (ballot curing, late ballots counted); Ballot counting (observers barred); Fraud (unregistered voters using names of registered voters)
Outcome: Since the Plaintiffs did not prevail, this is considered a loss.
16. Nicole Ziccarelli v. The Allegheny County Board of Elections, subsequently captioned as In Re: 2,349 Ballots in the 2020 General Election
(Filed November 12, 2020, GD-20-11654; Denied November 18, 2020, GD-20-11654; Petition for Writ of Cert. denied February 22, 2021, 20-845)
Court of Common Pleas: Nicole Ziccarelli v. The Allegheny County Board of Elections, a Petition for Review, was filed on November 12, 2020, in the Pennsylvania Court of Common Pleas, Allegheny County. Ziccarelli, a Republican candidate for state senate who lost the election by 69 votes, sought review of the decision by the Allegheny County Board of Elections of November 10, 2020, to count 2,349 mail-in ballots that did not have a voter-supplied date on the declaration. The case was assigned to the Hon. Joseph M. James, a Democratic appointee. On November 18, 2020, Judge James denied the Petition and affirmed the decision of the BOE to count the 2,349 ballots because there was no statutory requirement that a voter write the date, name, and address on their ballot.
Commonwealth Court: On November 18, 2020, in the case now captioned as In Re: 2,349 Ballots in the 2020 General Election, Petitioner Ziccarelli filed an appeal of Judge James’ order and an Emergency Application for Writ of Prohibition in the Pennsylvania Commonwealth Court, seeking to discard the disputed ballots. In a Per Curiam opinion issued on November 18, 2020, the court granted an injunction to enjoin Allegheny County from counting the ballots in the final results until the appeal was decided.
State Supreme Court: On the same day, November 18, 2020, Ziccarelli filed an Application for the Court to Exercise Extraordinary Jurisdiction in the Pennsylvania Supreme Court, 103 WM 2020, seeking review of Judge James’ decision. The Application was subsequently withdrawn.
Commonwealth Court: The panel assigned to the case included the Hon. P. Kevin Brobson and the Hon. Patricia A. McCullogh, both Republicans and the Hon. Michael H. Wojcik, a Democrat. On November 19, 2020, the Commonwealth Court reversed the decision of Judge James, finding that the language of Election Code made it a mandatory, not discretionary, requirement that ballots contain a voter-supplied date. The case was remanded to the Court of Common Pleas to issue an order to exclude the disputed ballots from the certified returns of Allegheny County.
State Supreme Court: On November 20, 2020, the Allegheny County Board of Elections filed an Emergency Petition for Allowance of Appeal in the Pennsylvania Supreme Court, seeking review of the Commonwealth Court decision of November 19, 2020. In a Per Curiam opinion, the court granted Petitioner’s Emergency Petition and transferred the case to itself. The court ordered that 1) the decision of the Commonwealth Court on November 19, 2020, reversing Judge James’ order, would be stayed, and 2) the appeal would be consolidated with In Re: Canvass of Absentee and Mail-In Ballots of November 3, 2020, General Election, 29 WAP 2020, which was a group of five cases from Philadelphia County.
On November 23, 2020, in the case of In Re: Canvass of Absentee and Mail-In Ballots of November 3, 2020, General Election, 29 WAP 2020, the Supreme Court of Pennsylvania affirmed the decision by Judge James, concluding that while failures to include a handwritten name, address, or date in the voter declaration constituted a technical violation of the Election Code, the situation did not warrant the wholesale disenfranchisement of thousands of Pennsylvania voters. The Hon. Max Baer, the Hon. Debra Todd, and the Hon. Christine Donohue, all Democrats, joined the opinion. The Hon. Kevin Dougherty, a Democrat, filed a concurring and dissenting opinion in which the Hon. Thomas Saylor, a Republican, and the Hon. Sallie Updike Mundy, a Republican, joined. The Hon. David Wecht, a Democrat, concurred in the result and filed a concurring and dissenting opinion.
US Supreme Court: On December 21, 2020, Donald J. Trump for President, Inc. filed a Petition for Writ of Certiorari in the US Supreme Court, captioned Donald J. Trump for President, Inc. v. Boockvar, et al., 20-845, seeking review of decisions in this consolidated case, in addition to two other cases. On February 22, 2021, the US Supreme Court denied the Petition for Writ of Certiorari.
Issues: Vote-by-mail (missing written date on envelope) Note: this case was filed by a Republican candidate for state senate who eventually lost by 69 votes. While this and the two suits listed below were filed because of a state senate race, the ballots in question also had votes for president in the general election.
Outcome: The Plaintiff lost.
17. Nicole Ziccarelli v. The Allegheny County Board of Elections, subsequently captioned as In Re: Allegheny County Provisional Ballots in the 2020 General Election
(Filed November 16, 2020, GD-20-11793; Initially denied on November 18, 2020, then granted on appeal November 20, 2020, GD-20-11793; Defendant Petition for Allowance of Appeal denied November 23, 2020, 338 WAL 2020)
Court of Common Pleas: Nicole Ziccarelli v. The Allegheny County Board of Elections, a Petition for Review, was filed on November 16, 2020, in the Pennsylvania Court of Common Pleas, Allegheny County. Ziccarelli, a Republican candidate for state senate, sought review of the decision by the Allegheny County Board of Elections of November 14, 2020, to canvas 270 provisional ballots that did not have certain signatures on the declaration. The case was assigned to the Hon. Joseph M. James, a Democratic appointee. On November 18, 2020, Judge James denied the Petition and affirmed the decision of the BOE to count the 270 provisional ballots, reasoning that the ballots should not be excluded where voters were given and relied on incorrect information from the election administration on how to complete the ballot.
Commonwealth Court: On November 18, 2020, in the case now captioned as In Re: Allegheny County Provisional Ballots in the 2020 General Election, Petitioner Ziccarelli filed an appeal of Judge James’ order in the Pennsylvania Commonwealth Court, seeking to exclude the disputed ballots from vote totals. The panel assigned to the case included the Hon. P. Kevin Brobson and the Hon. Patricia A. McCullogh, both Republicans and the Hon. Michael H. Wojcik, a Democrat. On November 20, 2020, the court reversed Judge James’ decision and remanded the case to the Court of Common Pleas to order that the BOE exclude the 270 ballots from vote totals. Ziccarelli lost the election by 69 votes (66,261 to 66,192).
State Supreme Court: On the same day, November 20, 2020, the Allegheny County Board of Elections filed an Emergency Petition for Allowance of Appeal in the Pennsylvania Supreme Court, 338 WAL 2020, seeking review of Judge James’ decision. On November 23, 2020, the BOE’s Application was denied in a Per Curiam order.
Issues: Vote-by-mail (provisional ballot signed once instead of twice)
Outcome: The Plaintiff won.
18. Nicole Ziccarelli v. The Westmoreland County Board of Elections, subsequently captioned as In Re: 2020 General Election Provisional Ballot Challenges
(Filed November 18, 2020, 4152 of 2020; Granted November 23, 2020, 4152 of 2020)
Court of Common Pleas: Nicole Ziccarelli v. The Westmoreland County Board of Elections, a Petition for Review, was filed on November 18, 2020, in the Pennsylvania Court of Common Pleas, Westmoreland County. Ziccarelli, a Republican candidate for state senate, sought review of decisions by the Westmoreland County Board of Elections related to 262 provisional ballots. Plaintiff argued to exclude 216 ballots from voters who signed both their ballots and the poll book, a purported violation. The case was assigned to the Hon. Harry Smail, Jr., a Republican. On November 23, 2020, Judge Smail, Jr. granted the Petition and affirmed the BOE in part and reversed the BOE in part, allowing 46 provisional ballots to be counted and 216 provisional ballots to be excluded. Ziccarelli lost the election by 69 votes (66,261 to 66,192).
Issues: Vote-by-mail (possible duplicate votes)
Outcome: The Plaintiff won.
19. The Hon. Mike Kelly, et al. v. Commonwealth of Pennsylvania, et al.
(Filed November 21, 2020, 620 MD 2020; Dismissed November 28, 2020, 68 MAP 2020; Cert. denied February 22, 2021, 20-810)
Commonwealth Court: The Hon. Mike Kelly, et al. v. Commonwealth of Pennsylvania, et al., filed on November 21, 2020, in the Pennsylvania Commonwealth Court by Mike Kelly, a US Representative (R-PA), two Republican candidates for the US House, and several registered qualified electors (voters), sought to exclude all mail-in ballots cast in the November 3, 2020, General Election. Petitioners asserted the ballots were illegal, alleging the Pennsylvania law that allowed no-excuse mail-in voting was unconstitutional. On November 24, 2020, Petitioners filed a Supplemental Petition for Emergency Relief to enjoin the election certification until after an evidentiary hearing. On November 25, 2020, the Hon. Patricia McCullough, a Republican, granted the emergency petition and enjoined certification.
State Supreme Court: On the same day as the ruling, Respondents appealed Judge McCullough’s decision to the Pennsylvania Supreme Court by filing an Application for the Court to Exercise Extraordinary Jurisdiction. On November 28, 2020, in a Per Curium opinion, the Pennsylvania Supreme Court granted Respondents’ Application, vacated Judge McCullough’s decision, and dismissed the Petition for Review with prejudice for Petitioners’ failure to both file their facial constitutional challenge in a timely manner and act with due diligence in presenting their claim. The Hon. David Wecht, a Democrat, concurred and the Hon. Thomas Saylor, a Republican, concurred and dissented with the Hon. Sallie Updike Mundy, a Republican, joining. On December 2, 2020, Petitioners filed an Emergency Application for Stay of the order from November 28, 2020. On December 3, 2020, the court denied the Application.
US Supreme Court: On the same day, Petitioners filed an application for injunctive relief in the US Supreme Court which was denied on December 8, 2020. On December 11, 2020, Petitioners filed a Petition for Writ of Certiorari for review of the decision of November 28, 2020. Certiorari was denied on February 22, 2021.
Issues: Vote-by-mail (challenged 2019 law establishing universal mail-in voting)
Outcome: The Petitioners lost.
20. Daryl D. Metcalfe, et al. v. Thomas W. Wolf, Governor of the Commonwealth of Pennsylvania, et al.
(Filed December 4, 2020, 636 MD 2020; Denied December 9, 2020, 636 MD 2020; Withdrawn and Dismissed December 10, 2020)
Commonwealth Court: Daryl D. Metcalfe, et al v. Thomas W. Wolf, Governor of the Commonwealth of Pennsylvania, et al., filed on December 4, 2020, in the Pennsylvania Commonwealth Court, by a group of Republican state representatives and two Republican voters, sought to decertify the results of the November 3, 2020, General Election for purported violations of the Election Code. Also on December 4, 2020, Plaintiffs filed an Emergency Motion for Temporary Restraining Order to enjoin certification of Pennsylvania’s election results. On December 9, 2020, the court denied the emergency motion because Plaintiffs’ Complaint was filed 11 days after the statutory filing deadline for election contests, so the court did not have jurisdiction. The opinion was written by the Hon. Mary Hannah Leavitt, a Republican. On December 10, 2020, Plaintiffs withdrew their Complaint and dismissed the case.
Issues: Election procedure (law violation); Vote-by-mail (drop boxes, deadlines, ballot curing)
Outcome: The Plaintiffs lost.
21. Andrew Ioannidis v. Tom Wolf, et al.
(Filed December 6, 2020, 635 MD 2020; Dismissed as moot July 8, 2021, 635 MD 2020; Appeal pending as of January 17, 2022, 56 MAP 2021)
Commonwealth Court: Andrew Ioannidis v. Tom Wolf, et al., was filed on December 6, 2020, by a single voter in the Pennsylvania Commonwealth Court, seeking to decertify the results of the November 3, 2020, General Election for various purported violations of the Election Code and US Constitution. On July 8, 2021, the Hon. Michael Wojcik, Democrat, denied Plaintiff’s Application for Emergency Relief on the basis that his claims were moot since the election had been certified for months. On July 18, 2021, the court denied Plaintiff’s Request for Reconsideration.
State Supreme Court: On August 6, 2021, Plaintiff filed an appeal of Judge Wojcik’s order of July 8, 2021, in the Pennsylvania Supreme Court. The appeal remains pending as of January 17, 2022.
Issues: Vote-by-mail (fraud); Voting machines (fraud); Ballot counting (non-Democrats barred)
Outcome: The Plaintiff lost.
Back to voting-related litigation
References
| ↑1 | John L. Micek, “Trump federal lawsuit over election observers resolved, report,” penncapital-star.com, November 5, 2020 |
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