PA Voters File Lawsuit to Delay Certification After Officials Detoured from Counting Center into a Closed Building for 6 Hours on Election Day

OPINION:  This article contains commentary which may reflect the author’s opinion

An emergency motion for a temporary restraining order to delay the certifying of Delaware County, Pa., results of the Nov. 8 election was filed, yesterday, Nov. 15, in Common Pleas Court after officials were detoured from the counting center into a closed building for 6 hours on election day.

Pennsylvania election observers filed a complaint against the Delaware County Board of Elections after county officials took a detour on election night with the county’s ballots and v-drives into a closed building for six hours. Poll watchers were prevented from entering the building at the time.

“The county also deleted 194 voter registrations that were deleted after election day whose ballots were counted,” Jom Hoft reported for Gateway Pundit, adding:

“That is the definition of voter fraud. It’s too bad we no longer have a DOJ or law enforcement who will investigate actions like this. They’re too busy plotting against Trump supporters.”

According to a press release from Bill Lawrence:

Delco Ballots Allegedly Detoured From Counting Center — A emergency motion for a temporary restraining order to delay the certifying of Delaware County, Pa. results of the Nov. 8 election was filed, yesterday, Nov. 15, in Common Pleas Court.

Plaintiffs Leah Hoopes, Gregory Stenstrom and Nicole Missino would like the certification stopped until a hearing at which they would present evidence that the county detoured the election-night journey of the county’s physical ballots and v-drives for six hours into a closed building — which poll watchers were prohibited from entering — before taking them to the centralized counting center at the Wharf Building in Chester.

Read that again.

Physical ballots and v-drives were reportedly taken to a closed building without observers present and kept there for six hours before being taken to the counting center. This would shatter the chain of custody along with breaking the law that the ballots go directly to the counting center.

The plaintiffs say they can further show the county mailed official ballots to unverified voters and deleted at least 2,778 records of requests for mail-in ballots.

Also, the plaintiffs say they can show that the county deleted at least 194 voter registration records after Election Day of individuals whose mail-in ballots were counted in the vote totals, and permitted a partisan third-party to control and tabulate mail-in ballots.

Mrs. Hoopes and Stenstrom are poll watchers, while Mrs. Missino was the Republican candidate for the 165th District in the State House.

The motion includes affidavits from Joan Weber, Julie Yu and poll watcher Gavin Law describing what they have witnessed. They can be found here: AFFIDAVITS

According to the legal documents that were submitted to the court:
BRIEF IN SUPPORT OF
PLAINTIFFS’ EMERGENCY MOTION FOR TEMPORARY RESTRAINING ORDER
PENDING HEARING FOR PRELIMINARY INJUNCTION

Since the closing of the polls on November 8, Defendants have committed serious violations of the Pennsylvania Election Code (Act 320 of 1937; 25 P.S. § 101, et seq.) over and above the pre-election violations already demonstrated in this Court. Of immediate concern, Defendants have breached their statutory and fiduciary duties:

1. by mailing official ballots to unverified voters — a fact that Defendants have already
admitted in this Court.
2. by deleting at least 2,778 records of requests for mail-in ballots;
3. by deleting, after Election Day, at least 194 voter registration records of individuals whose mail-in ballots were counted in the vote totals.
4. by permitting a partisan third-party to control and tabulate mail-in ballots.
5. by adulterating the chain of custody by detouring the election-night journey of the county’s physical ballots and v-drives for six hours into a closed building, where poll watchers were prohibited from entering, before continuing the delivery to the centralized counting center at the Wharf Building in Chester.

Defendants’ egregious breaches of statutory and fiduciary duties require scrutiny before the Delaware County election results can be lawfully, accurately, and confidently certified. Accordingly, Plaintiffs respectfully ask this Court to:

1. enter a temporary restraining order prohibiting Defendants from certifying the Delaware County results of the November 8, 2022 general election;
2. permit Plaintiffs and Plaintiffs’ representatives to observe and document, by video, audio, and photographic recording, all election-related activities undertaken by Delaware County until further order of this Court;
3. schedule a hearing for a preliminary injunction on certification of the election results at which Plaintiffs can present further evidence gathered during observation of the remaining election-related activities; and
4. order Defendants and their agents to preserve all physical and electronic records and items without alteration or destruction for Plaintiffs’ inspection and discovery in this civil action.
5. within 24 hours, or 72 hours before certification, produce the following to either prove or refute identification of “qualified electors” against the Pennsylvania SURE voter registration database and other Department of State databases.
6. The outside envelope images of each mail in ballot that was run through the BlueCrest mail sorter, and the envelope count maintained by the sorter for the period of October 7th to present, via readable, exported electronic file on SSD media.
7. The complete system logs for the BlueCrest sorter for the period of October 7th to present via readable, exported electronic file to determine when pre-canvassing occurred prior to public observation, also provided via readable, exported electronic file on SSD media.
8. (Note: These are defined and designed functions for the BlueCrest sorter and easily performed by a system administrator that can be easily performed in less than an hour)
9. within 24 hours, observer and volunteer sign in logs for the Wharf Building for
November 4th, 2022, to present
10. produce vDrive Cast Vote Record (CVR) and ballot images all machines that scanned or otherwise tabulated or counted ballots for the 165th District, at a minimum, and the County as a whole (which can be easily and readily produced from the vDrives as a designed and defined function of the Hart Verity Election Management System (EMS) in less than a day by a single system administrator)

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