More than 2.6 million mail-in ballots were reported received by counties, and there has been no report by state or county election officials of fraud or any other problem with the accuracy of the count. The Associated Press on Nov. 7 called the presidential contest for Biden, after determining that the remaining ballots left to be counted in Pennsylvania would not allow Trump to catch up. Trump has refused to concede.
The plaintiffs in the suit contend that exceptions to in-person voting have been established in the past to allow absentee voting by military personnel, disabled veterans, for religious observances and in other situations. Such exceptions were approved by two successive legislative sessions and won approval from the voters, they said.
Neither the act authorizing a no-excuses mail-in voting system nor a constitutional amendment proposed at the same time went through that process as required by law, the suit contends. The Legislature, the plaintiffs contend, “first recognized their constitutional restraints and the need to amend the constitution in order to enact mail-in voting, sought to amend the constitution to lawfully allow for the legislation they intended to pass, and subsequently abandoned their efforts to comply with the constitution,” the suit contends.
“The mail-in ballot scheme … is therefore unconstitutional on its face and must be struck down as void“ the suit said, also asking that the court declare invalid “any certification of results that include the tabulation of unauthorized votes, including mail-in ballots which did not meet the constitutional requirements.”