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House of Representatives
Session of 2021 - 2022 Regular Session

MEMORANDUM

Posted: December 1, 2020 10:18 AM
From: Representative Russ Diamond and Rep. Eric R. Nelson, Rep. Dawn W. Keefer, Rep. Daryl D. Metcalfe, Rep. Aaron Bernstine, Rep. Kathy L. Rapp, Rep. Jim Cox, Rep. Rob W. Kauffman, Rep. David H. Rowe, Rep. David M. Maloney, Sr., Rep. Mike Jones, Rep. Stephanie Borowicz, Rep. Michael J. Puskaric, Rep. Barbara Gleim, Rep. Francis X. Ryan, Rep. Paul Schemel, Rep. Dan Moul, Rep. Tommy Sankey, Rep. David H. Zimmerman, Rep. Rich Irvin
To: All House members
Subject: RESOLUTION Disputing the 2020 General Election Statewide Contest Results
 
In the near future, we intend to offer the following resolution, which was introduced as HR1094 on November 30, 2020:

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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
 
WHEREAS, the Commonwealth conducted an election on November 3, 2020 for federal offices, including selecting electors for President and Vice President of the United States; and
 
WHEREAS, officials in the Executive and Judicial Branches of the Commonwealth infringed upon the General Assembly’s authority under the United States Constitution by unlawfully changing the rules governing the November 3, 2020 election in the Commonwealth; and
 
WHEREAS, on September 17, 2020, less than seven weeks before the November 3, 2020 election, the partisan majority on the Supreme Court of the Commonwealth of Pennsylvania unlawfully and unilaterally extended the deadline for mail-in ballots to be received, 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, the Supreme Court of the Commonwealth of Pennsylvania ruled that county Board 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 encouraged certain counties to notify party and candidate representatives of mail-in voters whose ballots contained defects; and
 
WHEREAS, heavily Democrat counties permitted mail-in voters to cure ballot defects while heavily Republican counties followed the law and invalidated defective ballots; and
 
WHEREAS, in certain counties in the Commonwealth, watchers were not allowed to meaningfully observe the pre-canvassing and canvassing activities relating to absentee and mail-in ballots; and
 
WHEREAS, in other parts of the Commonwealth, watchers observed irregularities concerning the pre-canvassing and canvassing of absentee and mail-in ballots; and
 
WHEREAS, postal employees in Pennsylvania have reported anomalies relating to mail-in ballots, including multiple ballots delivered to a single address with unfamiliar addressees, ballots mailed to vacant homes, empty lots, and addresses that did not exist; and
 
WHEREAS, witnesses testifying before the Pennsylvania Senate Majority Policy Committee on November 25, 2020 have provided additional compelling information regarding the questionable nature of the administration of the 2020 General Election; and
 
WHEREAS, there remains ongoing litigation concerning the administration of the November 3, 2020 election in the Commonwealth; and
 
WHEREAS, in 2016, Pennsylvania’s general election results were certified on December 12, 2016, and on November 24, 2020, the Secretary of the Commonwealth unilaterally and prematurely certified results of the November 3, 2020 election regarding presidential electors despite ongoing litigation; and
 
WHEREAS, the Pennsylvania House of Representatives has the duty to ensure that no citizen of this Commonwealth is disenfranchised, to insist that all elections are conducted according to the law, and to satisfy the general public that every legal vote is counted accurately;
 
THEREFORE, be it RESOLVED that the Pennsylvania House of Representatives—
 
1. Recognizes allegations of substantial irregularities and improprieties associated with mail-in balloting, pre-canvassing, and canvassing during the November 3, 2020 election; and
 
2. Disapproves of the infringement on the General Assembly’s authority pursuant to the United States Constitution to regulate elections; and
 
3. Disapproves of and disagrees with the Secretary of the Commonwealth’s premature certification of the results of the November 3, 2020 election regarding presidential electors; and
 
4. Declares that the selection of presidential electors and other statewide electoral contest results in this Commonwealth is in dispute; and
 
5. Urges the Secretary of the Commonwealth and the Governor to withdraw or vacate the certification of presidential electors and to delay certification of results in other statewide electoral contests voted on at the 2020 General Election; and
 
6. Urges the United States Congress to declare the selection of presidential electors in this Commonwealth to be in dispute.

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Please join us by co-sponsoring this important resolution.

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