Byron York, noted conservative pundit and chief political correspondent for the Washington Examiner, is optimistic about President Donald Trump’s chances in at least one of the legal challenges being pursued in the wake of the recent election.
While he is skeptical that any recounts or lawsuits will ultimately reverse the declaration of Democratic nominee Joe Biden as president-elect, he predicted that the Trump campaign should be able to prevail in one suit filed in Pennsylvania, as he explained in the Examiner.
“Threw out the legislature’s deadline”
That case involves state courts allegedly changing the rules of the election in apparent violation of the constitutional authority granted to the legislative branch.
York noted that the state Supreme Court created a mail-in ballot extension in the final weeks of the campaign.
‘The court threw out the legislature’s deadline for ballots and created a new one: 5 p.m. on November 6, three days after election day,” he wrote. “The justices just made it up.”
The analyst went on to point out that the Democratic-led court’s opinion declared there “is no ambiguity regarding the deadline set by the General Assembly,” admitting that there was nothing unconstitutional about the existing law.
Instead, they claimed an “extraordinary situation,” labeled the pandemic a “natural disaster,” and changed the law themselves, he reported. They also loosened rules for acceptable ballots, specifically regarding postmarks and signature matches.
“Few concerns and nothing notable”
Unlike an actual natural disaster, York pointed out, the pandemic was a known factor for more than six months before the election, and the state legislature had plenty of time to change the law if its members had so desired.
State legislators did, in fact, change certain aspects of existing election laws in March, but did not change the mail-in ballot deadline despite having the opportunity to do so.
Pennsylvania’s close race and the legal challenges currently brewing within its borders are at least in part due to the confusion surrounding the state’s election rules.
York is among those who think the Trump campaign has a chance of winning its challenge before the U.S. Supreme Court. While it might not reverse the overall election, such a win could set a precedent preventing courts from usurping legislative power in future elections.
Pennsylvania’s Department of State responded with a statement that read, in part: “We did not see any significant issues with Pennsylvania’s new voting systems. There have been few concerns and nothing notable or out of the ordinary. Like all elections in Pennsylvania, this election was fair, open, and secure. All in all, we are very pleased and not at all surprised by the high caliber of the work done in the county election offices throughout Pennsylvania over the past week.”