Republican Lawmakers in Pennsylvania Sue Biden and Democrat Governor For Unconstitutional Seizure of Election Powers, Removal of Voting Rules

Democrats unconstitutionality usurped legislators’ authority with their efforts to destroy voter integrity. Without election reform, it’s over.

Pennsylvania Republicans have filed a lawsuit alleging Biden and Gov. Josh Shapiro violated the U.S. constitution when they passed legislation loosening voting restrictions. The lawsuit is expected to be one of many to litigate voting and election rules in a battleground state that is critical to 2024’s presidential contest.

Pa. Republican lawmakers sue Biden and Shapiro over who sets rules for elections

The Republicans say the Legislature, not the governor, has the power

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By: Ford Turner, Pittsburgh Post-Gazette, January 26, 2024:

Two dozen Republican state lawmakers filed a federal civil rights lawsuit Thursday against President Joe Biden, Gov. Josh Shapiro and state election officials, alleging they usurped powers to run elections that belong to the state Legislature.

The plaintiffs specifically identified Mr. Shapiro’s September announcement on automatic voter registration as one of their examples. They include some lawmakers from southwestern Pennsylvania, and many are members of the conservative Pennsylvania Freedom Caucus. The caucus leader, Rep. Dawn Keefer, R-York, said the U.S. Constitution grants state lawmakers, not executives, the right to determine the manner of elections.

“The citizens of Pennsylvania have been victimized by extraordinary overreach of executive officials who have made changes to election laws with no authority to do so,” Ms. Keefer said in a news release issued by the Lebanon County-based Election Research Institute, which helped prepare the complaint. “If we don’t take action to stop this, there is no limit to the changes they might make to further erode Pennsylvania’s election system in 2024 and beyond.”

Manuel Bonder, a spokesman for Mr. Shapiro, said it was clear that the governor’s voter registration action was within his authority, and any suggestion to the contrary was frivolous.

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“This administration looks forward to once again defending our democracy in court against those advancing extreme, undemocratic legal theories,” Mr. Bonder said. “Governor Shapiro remains focused on protecting our democracy and ensuring our elections are free, fair, safe, and secure.”

The U.S. Justice Department declined comment.

The plaintiffs cited an executive order issued by Mr. Biden in March 2021. The order laid out an effort to expand access to voter registration, modernize a federally run voter registration website, and expand voting access for people with disabilities and those serving overseas, among other things. The plaintiffs said the order requires federal agencies to partner with third-party, non-governmental organizations whose names are withheld from the public.

“Pennsylvania law prohibits public officials from entering into agreements with third-party entities for the registration of voters,” the press release said.

The September announcement from Mr. Shapiro unveiled a system where eligible Pennsylvanians would be registered to vote automatically when they conduct certain transactions at PennDOT centers, like renewing a driver’s license, unless they opt out. Previously, PennDOT center visitors had to make an on-screen choice to register, or “opt in.”

“Through the years, several attempts have been made by Pennsylvania lawmakers through the use of proper legislative process, to implement automatic voter registration in Pennsylvania,” the release said. “All have failed.”

The lawsuit also names officials at the Pennsylvania Department of State, including Secretary Al Schmidt.

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