House of Representatives
Session of 2019 - 2020 Regular Session
MEMORANDUM
Posted: November 27, 2020 12:50 PM
From: Representative Russ Diamond and Rep. Eric R. Nelson, Rep. Paul Schemel, Rep. Greg Rothman, Rep. Francis X. Ryan, Rep. Dawn W. Keefer, Rep. Mike Jones, Rep. David H. Rowe, Rep. Michael J. Puskaric, Rep. Barbara Gleim, Rep. Bud Cook, Rep. Cris Dush, Rep. Stephanie Borowicz, Rep. David H. Zimmerman, Rep. Daryl D. Metcalfe, Rep. David M. Maloney, Sr., Rep. Dan Moul, Rep. Brad Roae, Rep. Kathy L. Rapp, Rep. Jim Cox, Rep. Rob W. Kauffman
To: All House members
Subject:RESOLUTION Disputing the 2020 General Election Statewide Contest Results
In the immediate future, we will be introducing the following resolution:
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A RESOLUTION
Declaring the results of statewide electoral contests in the 2020 General Election to be in dispute.
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 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
https://www.legis.state.pa.us/cfdocs/legis/CSM/showMemoPublic.cfm?chamber=H&SPick=20190&cosponId=32628&mobile_choice=suppress