Kelly, who represents the state’s northwestern 16th district, filed the suit last weekend claiming Act 77 is unconstitutional. That’s the law enacted one year ago that let Pennsylvanians vote by mail without an excuse and ushered in other changes to election administration.
On Tuesday, Democratic Gov. Tom Wolf certified Pennsylvania’s election results. Secretary of State Kathy Boockvar signed the certificate of ascertainment for the slate of electors, awarding the state’s 20 electoral votes to Biden.
At the time, Boockvar’s office declined comment on why statewide certification happened one day before the last two of 67 counties were set to complete final certification. The announcement came within a couple hours of a filing deadline in the case in response to Kelly’s request that the court block or rescind certification, which Kelly’s attorneys claim prompted the state to rush the process. Lawyers for the state later denied that in court documents.
Then, on Wednesday, Republican Commonwealth Court Judge Patricia McCullough ordered Wolf’s administration to stop moving forward with steps in the certification process.
The administration says McCullough’s order could still interfere — without specifying how or why — with Pa. seating its electors by the so-called safe harbor deadline Dec. 8.