Federal judge dismisses suit to delay ballot count for PA ex-pats
A federal judge in Pennsylvania dismissed a lawsuit Tuesday brought by five GOP congressmen who sought to segregate absentee ballots from overseas voters, including military members and their families.
On Sept. 30, Reps. Guy Reschenthaler, Dan Meuser, Glenn Thompson, Lloyd Smucker and Mike Kelly filed a suit against Secretary of the Commonwealth Al Schmidt and Deputy Secretary for Elections Jonathan Marks, accusing them of providing guidance to local election offices to not allow ID requirements for their foreign absentee voters.
They asked that the overseas ballots be segregated to ensure their validity.
Pennsylvania election law only permits ballots to be sent overseas if the applicant is eligible and the office has rarely seen any misuse, representatives from the Pennsylvania Secretary of State argued.
U.S. District Judge Christopher C. Conner sided with the secretary of state's office in his 21-page decision.
"Plaintiffs delayed too long to file their action, they lack standing, they have failed to join indispensable parties, and they have failed to articulate a viable cause of action," he said.
Similar lawsuits filed by the Republican National Committee in Michigan and North Carolina were dismissed by local courts. The plaintiffs have vowed to appeal..