Twenty Eight Members of Congress File Amicus Brief Supporting Representative Kelly's Lawsuit Challenging Pennsylvania's Unconstitutional Mail-in Ballot System

Dec 24, 2020

Washington, D.C. - Last night, more than two dozen members of the United States House of Representatives filed an amicus brief supporting the plaintiffs in Mike Kelly, U.S. Congressman, et al. v. Commonwealth of Pennsylvania, et al., a case challenging the constitutionality of Pennsylvania's no-excuse mail-in ballot voting system.

"I am honored that so many of my colleagues from Pennsylvania and across the country have joined our fight to protect the Pennsylvania Constitution, which states clearly how voters are to cast their votes in the Commonwealth," said Kelly. "If Governor Wolf and the legislature wanted to create another method of voting, they should have amended the Pennsylvania Constitution, which requires, among other factors, placing the question on the ballot for Pennsylvanians to consent.  We're asking the Supreme Court of the United States to hear our case and require the Commonwealth to properly amend the Constitution if they want to create a mail-in voting system for future elections.

Members of Congress who signed the amicus brief include Representatives Alex Mooney (R- W.Va.), Andy Biggs (R-Ariz.), Andy Harris (R-Md.), Bill Posey (R-Fla.), Chip Roy (R-Texas), Dan Bishop (R-N.C.), Dan Meuser (R-Pa.), Debbie Lesko (R-Ariz.), Fred Keller (R-Pa.), GT Thompson (R-Pa.), Guy Reschenthaler (R-Pa.), Jeff Duncan (R-S.C.), Jim Jordan (R-Ohio), Jody Hice (R-Ga.), Dr. John Joyce (R-Pa.), Lloyd Smucker (R-Pa.), Louie Gohmert (R-Texas), Matt Gaetz (R-Fla.), Michael Cloud (R-Texas), Mike Johnson (R- La.), Mo Brooks (R-Ala.), Ralph Norman (R-S.C.), Randy Weber (R-Texas), Scott DesJarlais (R-Tenn.), Scott Perry (R-Pa.), Ted Budd (R-N.C.), Ted Yoho (R-Fla.) and Warren Davison (R-Ohio).

Background

In this case, Representative Kelly and the other plaintiffs allege that the Pennsylvania Legislature and Governor Wolf violated the Pennsylvania Constitution when they enacted no-excuse mail-in voting, which conflicts with the Constitution's clear delineation of what makes a person eligible to vote by mail. 

Commonwealth Court Judge Patricia McCullough issued an emergency preliminary injunction in the case, saying:

Following this pronouncement, the Commonwealth of Pennsylvania appealed directly to the Supreme Court of Pennsylvania, which dismissed the case on a technicality without addressing the merits of the petitioners' claims. Currently, the Petitioners have filed a writ of Certiorari to argue the merits before the Supreme Court of the United States (SCOTUS).  SCOTUS has yet to announce whether it will take up the case.