Posted by Curt on 13 November, 2020 at 2:22 pm. 1 comment.


By Margot Cleveland

An exclusive interview establishes the Pennsylvania vote has major constitutional problems. Joe Kantz, the chairman of the Snyder County Commission and the chairman of the Board of Elections for more than 10 years, spoke with me yesterday about the last-minute changes the Pennsylvania secretary for elections and commissions issued. As detailed below, those changes strongly suggest that the electorally rich state the media has called for Joe Biden might have violated the Equal Protection Clause and Article II, Section 1, Clause 2 of the U.S. Constitution.

On election morning, as his team began pre-canvass activities, an out-of-state Democratic poll watcher pressured Kantz to provide him identification numbers for voters who had failed to include their ballots in the internal secrecy sleeve required by Pennsylvania law. These so-called naked ballots are invalid under Pennsylvania law.

This gentleman pushed Kantz several times for this information, referencing an email from Jonathan Marks, the deputy secretary for elections and commissions. “He showed me the email, which I had not yet seen,” Kantz told me. Kantz’s election director then checked her email and discovered the 8:38 p.m. Monday email from Marks.

Marks’ last-minute email noted that county boards of elections had asked whether they could provide representatives of candidates or political parties information about voters whose absentee and mail-in ballots had been rejected. Marks advised that the county board of elections should provide this information to party and candidate representatives during the pre-canvass.

“I consulted with our solicitor concerning the directive,” Kantz told me. He apparently spoke with attorneys for other counties before advising that he did not believe the Pennsylvania election code provided for the sharing of voter identification information with third parties.

Snyder County, which is nestled in the middle of Pennsylvania under the shadow of the Appalachian Mountain range, leans heavily Republican, with the unofficial results showing the Donald Trump-Mike Pence ticket received 13,816 votes to Biden-Harris’s 4,848. “About 60 ballots failed to include the inner sleeve as required by Pennsylvania law, rendering the votes invalid,” Kantz told me. “Approximately 25 additional voters had failed to sign the outer envelope,” another mandate of Pennsylvania law.

With more than 47,000 votes separating Biden and Trump in the statewide tallies, those 80-plus ballots in the small Snyder County won’t change the outcome in Pennsylvania. What might change the outcome, however, is the different treatment voters with invalid ballots received in larger, heavily Democratic areas, such as Philadelphia County, which recorded a whopping 575,975 votes for Biden-Harris compared to Trump’s 128,308, with more than 56 percent of Biden voters using mail-in voting.

According to a complaint filed on Monday on behalf of Trump, Philadelphia County allowed voters it had determined had submitted naked ballots to remedy the defect, and further alleged that to figure out which voters should be notified of their error, Philadelphia County inspected mail-in ballots before Election Day in plain violation of state law.

Specifically, Section 13808(g)(1.1) of the election code provides that “no earlier than seven o’clock A.M. on election day,” the county board of elections shall meet to conduct a pre-canvass of all absentee and mail-in ballots received to that meeting.” At that meeting, “the election officials shall inspect and open the envelopes of all absentee and mail-in ballots, remove such ballots from such envelopes, and count, compute and tally the votes reflected on such ballots,” 25 P.S. §3146.8(1.1).

Details of the Trump Complaint

Trump’s complaint charged that Philadelphia County officials inspected the ballots in a variety of ways to determine if they were missing an inner-secrecy envelope, for example, by feeling the envelope, holding it up to a light, or weighing it through sorting machines.

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