HARRISBURG (KDKA) — As states certify votes for this past election, lawsuits continue to be filed.
One of the latest is coming from Congressman Mike Kelly and candidate Sean Parnell whose suit wants “universal mail-in ballots” declared illegal.
During KDKA’s conversation with Lieutenant Governor Jon Fetterman, he called this lawsuit filed by the two Republicans bizarre and said it could impact the state House and Senate.
“It’s kind of a hail Mary when there’s no time left on the clock,” the Lt. Governor said.
This latest lawsuit claims Act 77 which was passed last year by almost all the Republicans in the state House and Senate is unconstitutional in regards to Pennsylvania’s Constitution. It alleges mail-in ballots don’t meet the quote “constitutional requirements” to be certified.
“They are actively suing a Republican bill that would dismantle Republican control in our entire statehouse,” Lt. Gov. Fetterman said over the phone.
According to him, if the election isn’t certified by November 30, there will be no members of the state house and half the state senate will not be in office as that’s when their terms expire.
“Not having a Pennsylvania House of Representatives would be highly unhelpful to basic governance in Pennsylvania,” Lt. Gov. Fetterman said.
In a statement, candidate Sean Parnell said he doesn’t want to change the results, rather he wants to make sure future elections meet constitutional law. Earlier this year, he tweeted out support for mail-in and early voting.
However, the lawsuit specifically calls for the dismissal of mail-in ballots counted in the Nov. 3 election or for the Pennsylvania General Assembly to determine the electors.
Lt. Governor Fetterman questions why Congressman Kelly is involved in the lawsuit when he won his race.
It should be noted mail-in ballots leaned heavily Democratic.
Before many were counted, Sean Parnell was leading his race against incumbent Congressman Conor Lamb.
Full statement from Sean Parnell:
“Sean Parnell has filed this lawsuit to demand that our future elections and the 2020 election are conducted in a manner prescribed by the Constitution of the Commonwealth of Pennsylvania. That did not happen in 2020 and it is imperative for the court to intervene and prescribe a remedy that will cure the unconstitutional nature of the 2020 election, without disenfranchising those that mailed in their votes based on the unconstitutional law.
“Specifically, Article VII of that Constitution sets out how elections are to be conducted in our state, and it details the time, place, and manner for how votes are to be cast. Included in Article VII, Section 14 are the requirements for what constitutes a legal absentee vote.
“Unfortunately, the Pennsylvania Legislature disregarded Article VII, Section 14 when it created universal mail-in voting by passing Act. 77, which was then signed by Governor Wolf. This was not only an unconstitutional act by the legislature and the governor in creating a whole new time, place, and manner for voting, but it also created an unfair expectation among those casting votes pursuant to the new universal mail-in ballot law that they would be exercising their right to vote in a Constitutional manner.
“Sean Parnell has spent his life serving this great country and protecting its institutions and values, which include the fundamental right to constitutionally authorized elections to choose our federal and state representatives and officers. Changing the results of the election is not the goal of this lawsuit; rather, it is to ensure that this election and any future election be conducted in accordance with the Pennsylvania Constitution and is not subject to the whims of political operators in Harrisburg more concerned with the power of politicians than the power of the people.”