A Pennsylvania judge ruled in favor of President Donald Trump’s campaign on Nov. 12, saying Pennsylvania Secretary of State Kathy Boockvar overstepped her authority to change an election deadline two days before Election Day.
“The Court concludes that Respondent Kathy Boockvar, in her official capacity as Secretary of the Commonwealth, lacked statutory authority to issue the November 1, 2020, guidance to Respondents County Boards of Elections insofar as that guidance purported to change the deadline … for certain electors to verify proof of identification,” Judge Mary Hannah Leavitt wrote in her order (pdf) on Nov. 12.
Boockvar, a Democrat, submitted guidance saying proof of identification could be provided to vote until Nov. 12. State law stipulates that voters have until Nov. 9 to correct problems regarding a lack of proof of identification. Boockvar, the top election official in the state, issued the guidance after the Pennsylvania Supreme Court ruled mail-in ballots could be accepted three days after Nov. 3.
Boockvar issued the new guidance on Nov. 1, two days before Election Day. Trump’s lawyers had argued that the secretary had no power to unilaterally change the date.
The court had previously ordered that ballots from voters who provided identification between Nov. 10 and Nov. 12 have to be segregated until a new ruling is issued about what should be done with them.
“Accordingly, the court hereby orders that Respondents County Boards of Elections are enjoined from counting any ballots that have been segregated pursuant to … this court’s order,” the judge said, meaning that those ballots now shouldn’t be counted. It isn’t clear how many ballots are at stake.
On Nov. 5, the Commonwealth Court of Pennsylvania ruled in favor of…
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