Regular Session 2019-2020 Senate Resolution 0410 P.N. 2133

PRINTER'S NO. 2133

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE RESOLUTION

No.

410

Session of

2020

INTRODUCED BY MASTRIANO, ARNOLD, BROOKS, SCAVELLO, REGAN,

PHILLIPS-HILL, PITTMAN AND J. WARD, NOVEMBER 30, 2020

REFERRED TO STATE GOVERNMENT, NOVEMBER 30, 2020

A CONCURRENT RESOLUTION

Disputing the 2020 General Election and urging the United States

Congress to recognize and count as the Commonwealth of

Pennsylvania's electoral votes for President and Vice

President only the electoral votes as are certified directly

by the Senate and House of Representatives by subsequent

concurrent resolution.

WHEREAS, Article I, Section 4, Clause 1 of the Constitution

of the United States 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 Constitution

of the United States 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 mail-in

ballots to be received in the office of the county board of

elections and makes no mention of "satellite locations" to be

solely used for the collection of "mail-in" ballots; 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 of Pennsylvania 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 Constitution of the United States by unlawfully

changing the rules governing the November 3, 2020, election in

the Commonwealth; and

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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 issued a ruling against signature

verification of 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 this 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 this Commonwealth, watchers

observed irregularities concerning the pre-canvassing and

canvassing of absentee and mail-in ballots; and

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WHEREAS, Witnesses testifying before the 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, These and other actions of the Secretary of the

Commonwealth and other election officials and actions taken at

their direction or under their purview resulted in great

confusion, the inconsistent application of rules and practices

across this Commonwealth, insecurity and uncertainty regarding

the collection, handling, storage, pre-canvassing, canvassing,

counting, tabulation and reporting of votes and has undermined

the legitimacy and accuracy of the vote count arising from mail-

in ballots in certain counties in the Commonwealth; and

WHEREAS, The actions of the Secretary of the Commonwealth and

others have been contrary to the direction of the General

Assembly regarding the conduct of the November 3, 2020, election

for presidential electors in this Commonwealth; and

WHEREAS, There remains ongoing litigation concerning the

administration of the November 3, 2020, election in this

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 General Assembly 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

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RESOLVED (the House of Representatives concurring), That the

General Assembly:

(1) Recognize substantial irregularities and

improprieties associated with mail-in balloting, pre-

canvassing and canvassing during the November 3, 2020,

election;

(2) Disapprove of the infringement on the General

Assembly's sole authority pursuant to the Constitution of the

United States to regulate the selection of Electoral College

delegates;

(3) Disapprove of and reject the Secretary of the

Commonwealth's premature certification of the results of the

November 3, 2020, election regarding presidential electors;

(4) Declare that the selection of presidential electors

and other Statewide electoral contest results in this

Commonwealth is in dispute;

(5) Direct that, pursuant to our authority granted in

Article II of the Constitution of the United States and the

numerous illegal acts committed, encouraged and ignored by

the Governor, Secretary of State and certain election

officials, the General Assembly takes back and reserves the

power to designate presidential electors for the Commonwealth

of Pennsylvania for the December 2020 meeting of the

Electoral College and withdraws any prior statement or

direction to the contrary given by the General Assembly or

any other official or body;

(6) Direct the Secretary of the Commonwealth and the

Governor to withdraw and vacate the certification of

presidential electors and to delay certification of results

in other Statewide electoral contests voted on at the 2020

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General Election;

(7) Command all presidential electors and other

officials to act in conformity with this concurrent

resolution and to not interfere with the authority of the

General Assembly under Article II, Section 1, Clause 2 and

under Article I, Section 4, Clause 1 of the Constitution of

the United States; and

(8) Urge the United States Congress to recognize and

count as the Commonwealth of Pennsylvania's electoral votes

for President and Vice President only the electoral votes as

are certified directly by the Senate and the House of

Representatives by subsequent concurrent resolution;

therefore be it

RESOLVED, That, upon passage, this concurrent resolution be

transmitted to the Governor.

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