Regular Session 2021-2022 Senate Resolution 0010 P.N. 0048

PRINTER'S NO. 48

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE RESOLUTION

No.

Session of

2021

INTRODUCED BY DUSH, JANUARY 20, 2021

REFERRED TO RULES AND EXECUTIVE NOMINATIONS, JANUARY 20, 2021

A CONCURRENT RESOLUTION

Declaring, in response to significant activities contravening

the Pennsylvania Election Code, that the November 3, 2020,

Pennsylvania General Election to appoint electors of

President and Vice President was unlawful, void ab initio and

invalid, and that the Commonwealth has failed to appoint

electors of President and Vice President on the day

prescribed by law and exercising the plenary power of the

General Assembly, under the Constitution of the United

States, to appoint electors of President and Vice President.

WHEREAS, Article II, Section 1, Clause 2 of the Constitution

of the United States empowers state legislatures, including the

General Assembly of the Commonwealth of Pennsylvania, to direct

the manner of appointing electors of President and Vice

President of the United States; and

WHEREAS, The authority to conduct elections is further

prescribed in Article VII of the Constitution of Pennsylvania;

and

WHEREAS, Section 5 of Article I of the Constitution of

Pennsylvania states "Elections shall be free and equal"; and

WHEREAS, Section 6 of Article VII of the Constitution of

Pennsylvania states "All laws regulating the holding of

elections by the citizens, or for the registration of electors,

shall be uniform throughout the State"; and

WHEREAS, Section 1 of Article II of the Constitution of

Pennsylvania states "The legislative power of this Commonwealth

shall be vested in a General Assembly, which shall consist of a

Senate and a House of Representatives"; and

WHEREAS, The General Assembly has exercised its authority to

establish election administration procedures for the

Commonwealth under the act of June 3, 1937 (P.L.1333, No.320),

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,

persons 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 the purpose of appointing electors of President and

Vice President of the United States; and

WHEREAS, On September 17, 2020, less than seven weeks before

the November 3, 2020, election, the Supreme Court of

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Pennsylvania unlawfully and unilaterally extended the deadline

for mail-in ballots to be received and 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 of Pennsylvania, the Supreme Court

of Pennsylvania ruled that county boards of election 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 of Pennsylvania encouraged certain counties to

notify party and candidate representatives of mail-in voters

whose ballots contained defects; and

WHEREAS, Predominantly Democratic counties permitted mail-in

voters to cure defective ballot submissions while predominantly

Republican counties followed the law and invalidated defective

ballot submissions; and

WHEREAS, In certain counties in the Commonwealth, watchers

were not permitted to meaningfully observe the pre-canvassing

and canvassing activities relating to absentee and mail-in

ballots; and

WHEREAS, Officials in the Executive and Judicial branches of

the Commonwealth infringed upon the General Assembly's authority

under the Constitution of the United States and the Constitution

of Pennsylvania by issuing decisions and providing guidance

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contravening the express provisions of the Pennsylvania Election

Code; and

WHEREAS, Election officials in certain counties of the

Commonwealth acted upon those decisions and guidance by the

Executive and Judicial branches of the Commonwealth; and

WHEREAS, Election officials in certain counties of the

Commonwealth took further actions to contravene the provisions

of the Pennsylvania Election Code; and

WHEREAS, 3 U.S.C. § 1 states "The electors of President and

Vice President shall be appointed, in each State, on the Tuesday

next after the first Monday in November, in every fourth year

succeeding every election of a President and Vice President";

and

WHEREAS, The aforementioned events tainted and doomed the

entirety of the process of appointing electors of President and

Vice President on the day prescribed by law; and

WHEREAS, 3 U.S.C. § 2 states "Whenever any State has held an

election for the purpose of choosing electors, and has failed to

make a choice on the day prescribed by law, the electors may be

appointed on a subsequent day in such a manner as the

legislature of such State may direct"; and

WHEREAS, Article VI, Section 2, Clause 2 of the Constitution

of the United States states "This Constitution, and the Laws of

the United States which shall be made in Pursuance thereof; and

all Treaties made, or which shall be made, under the Authority

of the United States, shall be the supreme Law of the Land; and

the Judges in every State shall be bound thereby, any Thing in

the Constitution or Laws of any State to the Contrary

notwithstanding"; and

WHEREAS, The Secretary of the Commonwealth purported to

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certify the returns of Pennsylvania's election to appoint

electors of President and Vice President on November 24, 2020,

and the Governor issued a certificate of ascertainment of

presidential electors on the same day; and

WHEREAS, There are significant outstanding issues regarding

the public's ability to confirm the returns as certified

regarding electors of President and Vice President; therefore be

RESOLVED (the Senate concurring), That the General Assembly

of the Commonwealth of Pennsylvania do the following:

(1) Declare the aforementioned to be findings of fact.

(2) Condemn all infringement on the General Assembly's

authority to establish election law pursuant to the

Constitution of the United States and the Constitution of

Pennsylvania.

(3) Declare the November 3, 2020, election process for

appointing electors of President and Vice President for the

Commonwealth of Pennsylvania as neither equal nor uniform,

but instead as unlawful, void ab initio and the results

thereof invalid.

(4) Dispute the certification of election returns

regarding electors of President and Vice President by the

Governor and the Secretary of the Commonwealth.

(5) Declare that the Commonwealth of Pennsylvania has

failed to appoint electors of President and Vice President on

the day prescribed by law in 3 U.S.C. § 1.

(6) Exercise its plenary power regarding electors of

President and Vice President as provided in Article II,

Section 1, Clause 2 of the Constitution of the United States.

(7) Affirm the authority to pursue the aforementioned

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under the provisions of Article VI, Section 2, Clause 2 of

the Constitution of the United States.

(8) Rescind and withdraw the certification of electors

of President and Vice President by the Secretary of the

Commonwealth and the Governor following the November 3, 2020,

election.

(9) Reserve its right to appoint electors of President

and Vice President on a subsequent day in accordance with 3

U.S.C. § 2.

(10) Urge the Congress of the United States to object to

and reject the Commonwealth of Pennsylvania's electoral votes

for President and Vice President as certified by the Governor

and the Secretary of the Commonwealth;

and be it further

RESOLVED, That upon adoption of this concurrent resolution by

both chambers of the General Assembly, the Chief Clerk of the

House of Representatives shall transmit a copy of this

resolution to the Governor, the Congress of the United States

and the Vice President of the United States.

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