An upcoming court filing, a draft of which was reviewed by The Post Millennial, to be filed in the Court of Common Pleas, Lehigh County, Pennsylvania, Civil Division, will ask for an injunction against that county's Board of Elections "from receiving and counting invalid and void ballots." The Board was scheduled to begin accepting those ballots on Monday, May 2 in anticipation of an upcoming May 17 primary for the hotly contested midterm elections that may cost Democrats control of the US House of Representatives.
Jack Posobiec broke down the story of potential ballot harvesting on Human Events Daily. The draft motion notes that "Pennsylvania election code requires that mailed and absentee ballots must be returned either by mail or in person by the person to whom the ballot belongs." This injunction would prevent the Board from counting ballots that were brought to drop boxes by persons other than the voter who cast the ballot.
The law states, per the motion, that "With the exceptions of absentee voters who have a disability or who are overseas, all Ballots must be delivered to the County Board of Elections either in person by the voter themselves or through the US Postal Service. Ballots delivered by any other means for absentee/mail-in voters who don't have a disability will not be accepted by the County Board of Elections. Absentee Ballots delivered for voters who do not have a disability may be delivered by a third party who has written authorization from the disabled absentee. Absentee Ballots delivered for an absentee voter who is overseas on Election Day may be made by an overseas delivery service."
A similar motion was filed in March and denied, but this comes after an investigation by the District Attorney's office revealed that there were, indeed, discrepancies. This could have a major impact on voting practices in Lehigh County, and on the Board of Elections' ability to conduct free and fair elections free from fraud.
An investigation into absentee and mail-in voting practices in Lehigh County, Penn., conducted by District Attorney James B. Martin, showed that there are reasons to be concerned about the voting practices in that county.
In fact, Martin's office concluded that "It is also abundantly clear that those provisions of the law are being breached by a large number of voters."
Martin undertook the investigation into voting practices after receiving a letter from Lehigh County Chair of the Republican National Committee Joe Vichot in Jan. 2022 that offered findings that multiple individuals had delivered more than one ballot to drop boxes during the 2021 election.
The law states that a voter must deliver their absentee ballot themselves, either by bringing it in or sending it through the US Postal Service. The drop boxes were available in advance of the election, as were, of course, the services of the USPS.
The RNC provided video evidence showing that, in many cases, individuals dropped off more than one absentee ballot to one of five "drop box" locations around the county. Vichot told the DA that "...there are serious violations of individuals submitting multiple ballots with, at least, on individual placing five or more into the drop box."
The RNC also found that there were discrepancies between the number of individuals dropping off ballots and the number of ballots received, with one box containing 300 more ballots than there had been individuals dropping those ballots off.
The District Attorney's office, after their own investigation, agreed with those findings. This per a memo issued by Martin's office on April 4. The DA noted that there are these concerns: people casting multiple ballots; a count discrepancy between the number of people casting ballots and the number of ballots received, with the latter far higher than the former.
Martin said that there was "no smoking gun," necessarily, and that, because there was no way to account for potential discrepancies with regard to mail-in ballots, as there is no surveillance video of every mailbox in the county, charges would not be filed against those individuals who are able to recognized on video delivering multiple ballots to drop boxes.
In fact, the DA noted, even Governor Tom Wolf admitted that he did not deliver his own ballot to a drop box, but that his wife did it instead.
The motion for an injunction states that "The Lehigh County Republican Committee demanded that the Lehigh Board of Elections establish safeguards to prevent the third-party delivery of mailed ballots to drop boxes," and that "The Board of Elections refused."
Drop boxes will be made available to receive voted on May 2, unless this injunction goes forward. The motion states that "A special and preliminary injunction is necessary to prevent the Lehigh County Board of Elections from receiving void and invalid ballots that are delivered by third parties and then commingling those ballots with validly cast ballots."
The primary concerns if that "If the injunction is not entered plaintiffs' fundamental right to vote will be lost because their votes will be cancelled by invalid voted delivered by third parties."
The ask is that the Board of Elections should institute "adequate procedures to assure that only the voter himself delivers an absentee or mailed ballot to the drop box, such as placing the drop boxes inside and open only during normal business hours when the delivery of the ballot can be verified."
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