NewsA federal judge ordered a stay Sunday in the Trump re-election campaign’s lawsuit against Pennsylvania over the commonwealth’s election procedures.
The campaign sued Pennsylvania in an attempt to ban mail ballot drop boxes and to prevent other election procedural changes. The campaign also sought an injunction to allow poll watchers to monitor absentee vote collection places outside of their counties of residence. The defendants, as well as other intervenors, filed a motion to dismiss, which was granted in part. Further, the court’s scheduling order was vacated, and all other requirements and deadlines, which include the evidentiary hearing, were canceled.
The Court’s entry of a stay is without prejudice to any party moving to lift the stay after either: (i) resolution of the unsettled state-law issues identified in the Court’s Opinion by the Pennsylvania Commonwealth Court or the Pennsylvania Supreme Court; or (ii) a prolonged delay by the state courts in resolving the unsettled state-law issues (i.e., if no decision has been entered by the state courts by October 5, 2020). Under the latter scenario, any motion to lift the stay shall be limited to the claims that are not based on unsettled issues of state law. That is, the movant could only ask to proceed on the following claims from the Amended Complaint [ECF 234]: (i) Plaintiffs’ third-party ballot-delivery claims that are set forth as parts of Counts I, II and III; (ii) Plaintiffs’ facial challenge to Pennsylvania’s poll-watching residency restriction set forth in Counts IV and V; and (iii) Plaintiffs’ claims for improper provisional voting as set forth in Counts VIII and IX.
The case is now on hold until similar state court lawsuits are resolved.
