PA House Republicans File Amicus Brief in Support of Election Lawsuit Filed by State of Texas

December 10, 2020

HARRISBURG – The Pennsylvania House Republican Caucus Thursday announced it has filed an informational amicus brief with the U.S. Supreme Court regarding the election lawsuit filed by the State of Texas over the conduct of the 2020 General Election in Pennsylvania, Michigan, Georgia and Wisconsin. 

The amicus brief outlines the timeline and numerous ways that the process under which the 2020 General Election was conducted in Pennsylvania in no way reflects the laws as passed by the General Assembly and signed by the governor.

Here are some key excerpts from the brief:

“[T]he procedure of Pennsylvania’s General Election differed markedly from the carefully considered statutory requirements of the Commonwealth’s Election Code.”

“The unimpeachability of our elections requires clear procedures of administration so that everyone gets a fair shake. Unfortunately, outside actors have so markedly twisted and gerrymandered the Commonwealth’s Election Code to the point that amici find it unrecognizable from the laws that they enacted.”

On the filing of the brief, Pennsylvania Speaker of the House Bryan Cutler (R-Lancaster) and Pennsylvania House Majority Leader Kerry Benninghoff (R-Centre/Mifflin) made the following statement:

“Regardless of what political party a citizen belongs to, we should all want lawful, transparent elections; however, Pennsylvania failed to achieve an unassailable election process in 2020 after outside influences caused the Pennsylvania Election Code to be altered beyond recognition.

“By legislating from the bench and willfully ignoring the plain reading of Act 77, the Pennsylvania Supreme Court and the Wolf administration disregarded the law as it was written, instead creating a process never envisioned or endorsed by the General Assembly and causing us to now be sued by other states.

“It is important for the United States Supreme Court to hear from those who enacted these laws and the timeline of their implementation to know the full extent by which those laws were manipulated and ignored.”

Representative Kerry Benninghoff
Pennsylvania House Majority Leader
171st Legislative District
Pennsylvania House of Representatives