The claim raised by Rep. Mike Kelly, R-Pa., and Pennsylvania GOP congressional nominee Sean Parnell, claims that a 2019 state law permitting no-excuse mail-in voting is illegal. If the court approves, according to KDKA, Kelly and Parnell said most of the commonwealth's mail-in votes in this past presidential election could be cast out.
Kelly and Parnell were originally given a stay by Pennsylvania Commonwealth Court Judge Patricia McCullough, but Democratic Gov. Tom Wolf's management summarily filed an appeal with the State Supreme Court; a 5-2 Democratic majority. The higher court backed Wolf, and Kelly's team moved to get the U.S. Supreme Court to direct.
The prosecutors claim that the state does not have the foundations to allow non-absentee vote-by-mail without a constitutional amendment.
Nearly 30 Republican members of the state legislature have signed a document in amicus with Kelly and Parnell's case.
"We supported passage of Act 77 because we believed every Pennsylvanian should have more opportunities to participate in our democratic process," State Sen. Judy Ward, R-Blair, and State Rep. Paul Schemel, R-Franklin, said in a common statement Monday.
"The legislation was carefully drafted to protect the integrity of our elections and included specific provisions relating to deadlines and signature verification," they remained, adding that the State Supreme Court later "overrule[d] the will of the legislature and governor by changing deadlines and eliminating provisions requiring signature verification, thereby applying much looser standards to mail-in ballots than are applied to ballots cast in person."
The Senate Judiciary Committee member added that "at a time when this country is so divided, when people are so angry, I think we need a sense of resolution, and we need the Supreme Court to step in and ensure that we're following the Constitution and following the law.
"Right now, it is not healthy for democracy, what we're seeing, and in Pennsylvania, the problem was made worse because the Pennsylvania Supreme Court is a partisan Democratic court that issued multiple decisions just on their face contrary to the law," Cruz went on. "That's not how elections are supposed to work."
Cruz remarked that the U.S. Supreme Court feels the "urgency" of the time, given the upcoming "safe harbor" deadline for selecting electors.
"When you look at a country where 39% of Americans right now believe this last election was rigged, that's a real problem for confidence in the integrity of our electoral system," the senator concluded. "So, I'm hopeful the Supreme Court will step forward to its responsibility and resolve this case and resolve other cases as needed."