Former independent counsel Ken Starr has described the Pennsylvania Supreme Court decision to allow late-arrival mail-in ballots as a “constitutional travesty,” saying that only the state legislature has the authority granted by the Constitution to set such terms.
Starr, a former circuit judge and former solicitor general of the United States, told Fox News’ “Life Liberty and Levin” that he believes the federal Supreme Court would now “do its duty.”
The federal Supreme Court last month declined a plea to suspend the decision by the state Supreme Court prior to the election and is currently considering a petition to review the merits of the case.
In total over 2.6 million mail-in and absentee ballots have been received in Pennsylvania at the time of writing—out of 6.5 million total votes tallied in the state. The ratio of Democrat to Republican votes in mail-in and absentee ballots is around three to one.
Starr said that the actions of the Pennsylvania court in allowing mail-in ballots that arrive after Election Day contradicted the demands of the Constitution which bestows only state legislatures with the right to set the terms for gifting their electoral college votes, not courts.
The Democratic Party filed a lawsuit against the Pennsylvania Secretary of the Commonwealth, and all 67 county boards after the state legislature rejected proposals by Gov. Tom Wolf on the processing of ballots. The Pennsylvania Supreme Court, which has a 5-2 Democratic majority, ruled on Sept. 17 in their favor, saying that election officials can accept all mail-in ballots, including absentee ballots, up to three days after the election. – READ MORE
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