Pennsylvania Firearm Owners Association
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  1. #11
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    Default Re: Interesting New Lawsuit Filed In PaState Court by PA GOP Challenge mail votes

    Quote Originally Posted by EWTHeckman View Post

    Rule of Law is dead. The funeral is scheduled for December 14th. Internment will be January 20, 2021.
    More like "the execution" is scheduled for Dec 14th.
    The Hostler

  2. #12
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    Default Re: Interesting New Lawsuit Filed In PaState Court by PA GOP Challenge mail votes

    Not the same suit, but the PA 3-day extension was challenged in October and did go to the Supreme Court, where it was decided 4-4 prior to seating Justice Barrett, so the PA Supreme Court ruling stood. However, Justice Alito then ordered late ballots to be segregated by all counties, which was not done. It remains to be seen what will be decided on appeal, the issue is not dead. And we have 9 Justices again.

  3. #13
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    Default Re: Interesting New Lawsuit Filed In PaState Court by PA GOP Challenge mail votes

    Im not sure if this is the same thing bust since when does the AG pass PA consstitutional laws?
    Didn't shapiro just off the cuff say all this mail in voting bullshit was above board and they could basically do what ever they please in regards to rules and extensions?
    then this would (FINALLY) be a challenge to those rules these cheating scam artists wrote in crayon on the PA laws.
    Derrion Albert was my Hero.

  4. #14
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    Default Re: Interesting New Lawsuit Filed In PaState Court by PA GOP Challenge mail votes

    Quote Originally Posted by pyld View Post
    This suit is performance art by Kelly and Parnell is get more cred from the newsmax crowd. If you believe it will work, you are the fish at the table.

    Act 77 had enabling language that says, effectively, constitutional challenges to the changed bits had to be heard by 180 days from enactment. Also, google *laches.*

    No, it won*t make the Supreme Court. Hate to burst the bubble*they aren*t going to disenfranchise a few million people post-facto.
    I understand what you're saying, but if they acted beyond their legal authority, and the law is invalid, shouldn't the deadline be invalid also? It's a little like passing a law that says "No more semi-automatics, and we really mean it, so SCOPA and SCOTUS aren't allowed to reverse us."

    Just because the text says it doesn't make it irreversible, and I guarantee you if a different course would have benefitted the other party, there would be further movement from the courts.
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  5. #15
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    Default Re: Interesting New Lawsuit Filed In PaState Court by PA GOP Challenge mail votes

    Quote Originally Posted by gnbrotz View Post
    I understand what you're saying, but if they acted beyond their legal authority, and the law is invalid, shouldn't the deadline be invalid also? It's a little like passing a law that says "No more semi-automatics, and we really mean it, so SCOPA and SCOTUS aren't allowed to reverse us."

    Just because the text says it doesn't make it irreversible, and I guarantee you if a different course would have benefitted the other party, there would be further movement from the courts.
    There isn*t even a really good case to be made that the legislature ran afoul of the Constitution. Plus, basically every Republican who is currently doing the dance for this crap voted for Act 77.

    The low-information crowd doesn*t like this: Act 77 was passed overwhelmingly by both Republican caucuses in the legislature, who recognize the advantages of being able to track whether someone got a ballot and sent it back and to be able to precisely electioneer that population year in and year out. It eliminated the straight ticket. Mike Kelly and Sean Parnell both told people to vote with it. And a sane reading of the Pa Const suggests it was perfectly legal which is why they didn*t challenge this before laches attached.

    (Put simply, sane republicans wanted it, and then came Trump. Doug Mastriano voted for Act 77)

    There is a reason why no real lawyers will get near this stuff.

    Google *equity* (in a legal sense) and have a read. Parnell had standing when he was on the primary ballot. He waited until he lost and then attempted to ratfuck millions in the Pa electorate upon losing because the angry mob believes this stuff and he wants to ensure lots of buzz for his renewed TV career.

    So, it*s likely not even a thing. If it is, all these people voted for it or encouraged people to mail in their votes, and only now have decided it is *unconstitutional* because Trump. It*s weak performance art.

  6. #16
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    Default Re: Interesting New Lawsuit Filed In PaState Court by PA GOP Challenge mail votes

    Quote Originally Posted by pyld View Post
    There isn*t even a really good case to be made that the legislature ran afoul of the Constitution.
    Ya know, I'm not a Trump fanboy, but I had accepted the whole "Constitution controls" argument....until I looked it up read it for myself (just now). By my reading, the PA Constitution clearly gives the power to the legislature, so Act 77 WAS legal, and their argument is wrong. I'd be open to more clarification on why I might be wrong, but the Constitutional wording seems pretty clear to me.

    That doesn't mean I like what they did, but I don't see an argument for them doing it improperly.
    Get your "Guns Save Lives" stickers today! PM for more info.

  7. #17
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    Default Re: Interesting New Lawsuit Filed In PaState Court by PA GOP Challenge mail votes

    Quote Originally Posted by gnbrotz View Post
    Ya know, I'm not a Trump fanboy, but I had accepted the whole "Constitution controls" argument....until I looked it up read it for myself (just now). By my reading, the PA Constitution clearly gives the power to the legislature, so Act 77 WAS legal, and their argument is wrong. I'd be open to more clarification on why I might be wrong, but the Constitutional wording seems pretty clear to me.

    That doesn't mean I like what they did, but I don't see an argument for them doing it improperly.
    That is the sane take, and in fact where it would’ve landed had they actually had an honest interest in any of this (I believe it would’ve been found Constitutional had Parnell, primary candidate, lodged a timely challenge and whilst not telling people to vote by mail) Parnell, particularly, doesn’t. He already has the “Parnell for senate” stuff registered in DNS and this is performance art for those who don’t know better. It’s about being a hero to the uninformed to trump up his run for Toomey’s seat.

  8. #18
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    Default Re: Interesting New Lawsuit Filed In PaState Court by PA GOP Challenge mail votes

    Quote Originally Posted by gnbrotz View Post
    Ya know, I'm not a Trump fanboy, but I had accepted the whole "Constitution controls" argument....until I looked it up read it for myself (just now). By my reading, the PA Constitution clearly gives the power to the legislature, so Act 77 WAS legal, and their argument is wrong. I'd be open to more clarification on why I might be wrong, but the Constitutional wording seems pretty clear to me.

    That doesn't mean I like what they did, but I don't see an argument for them doing it improperly.
    I am not at all versed or familiar with our state Constitution but is this excerpt from the decision not accurate? What part of our Constitution grants the Legislator the power to change the process?
    Petitioners allege that Article VII, section 14 of the Pennsylvania Constitution provides two exclusive mechanisms by which a qualified elector may cast his or her vote in an election: (1) by submitting his or her vote in propria persona at the polling place on election day; and (2) by submitting an absentee ballot, butonly if the qualified voter satisfies the conditions precedent to meet the requirementsof one of the four, limited exclusive circumstances under which absentee voting isauthorized under the Pennsylvania constitution.
    Gender confusion is a mental illness

  9. #19
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    Default Re: Interesting New Lawsuit Filed In PaState Court by PA GOP Challenge mail votes

    Quote Originally Posted by Walleye Hunter View Post
    I am not at all versed or familiar with our state Constitution but is this excerpt from the decision not accurate? What part of our Constitution grants the Legislator the power to change the process?
    Emphasis added by me:
    § 14. Absentee voting.

    (a) The Legislature shall, by general law, provide a manner in which, and the time and place at which, qualified electors who may, on the occurrence of any election, be absent from the municipality of their residence, because their duties, occupation or business require them to be elsewhere or who, on the occurrence of any election, are unable to attend at their proper polling places because of illness or physical disability or who will not attend a polling place because of the observance of a religious holiday or who cannot vote because of election day duties, in the case of a county employee, may vote, and for the return and canvass of their votes in the election district in which they respectively reside.

    (b) For purposes of this section, "municipality" means a city, borough, incorporated town, township or any similar general purpose unit of government which may be created by the General Assembly.

    (Nov. 5, 1957, P.L.1019, J.R.1; May 16, 1967, P.L.1048, J.R.5; Nov. 5, 1985, P.L.555, J.R.1; Nov. 4, 1997, P.L.636, J.R.3)
    IMO, the Constitution is silent on the expansion of mail-in ballots, and IMO, it cannot be ruled to disallow something based on absence of mentioning it at all. For that to happen, it should say, "Shall not....insert desired limitation here"
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  10. #20
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    Default Re: Interesting New Lawsuit Filed In PaState Court by PA GOP Challenge mail votes

    Quote Originally Posted by gnbrotz View Post
    Emphasis added by me:


    IMO, the Constitution is silent on the expansion of mail-in ballots, and IMO, it cannot be ruled to disallow something based on absence of mentioning it at all. For that to happen, it should say, "Shall not....insert desired limitation here"
    Welllllll...I'll disagree with your interpretation of that and would let a judge rule on it. IMO, that allows the legislature to provide a means for those who are unable to vote in person, which is what that excerpt I pulled says. It does not make allowance for those who simply don't want to vote in person.
    Gender confusion is a mental illness

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