- The Washington Times - Monday, November 23, 2020

The Trump campaign took its election case against Pennsylvania officials to a federal appeals court Monday, asking the 3rd U.S. Circuit Court of Appeals to hear its legal challenge this week.

The appeal comes after a lower court judge on Saturday dismissed President Trump’s case, in which his lawyers argued that several counties in the Keystone State violated the Constitution by treating Republican and Democratic voters differently, since some voters were allowed to cure their mail-in ballots of errors while others were not availed the opportunity.

Counties in Pennsylvania are expected to certify their election results Monday to the Secretary of the Commonwealth Kathy Boockvar, who is a defendant in the case. Some counties, though, anticipate delays in certifying their results.

The Trump campaign told the federal appeals court that the true deadline for certification is Dec. 8, pushing for the court to hear the dispute quickly.

“It is critically important for Appellants’ claims to be heard before the December 8, 2020 ‘safe harbor’ date under 3 U.S.C. §5 of Pennsylvania certifying its Presidential electors, which is only 16 days away. This is the operative and legally binding deadline, not the date of November 23, 2020,” the campaign argued in court papers.

The campaign asked the court to have the defendants respond by Tuesday and schedule oral arguments for Wednesday.

The federal circuit court granted the request for expedited review, but has not set a date for oral arguments. Instead, the court is requiring defendants to respond through court filings by Tuesday afternoon.

In Pennsylvania, Mr. Biden is leading Mr. Trump by more than 80,000 votes, or 1.2%.

Counties will certify their results Monday to Ms. Boockvar, who will then make her own certification, and Gov. Tom Wolf, a Democrat, will alert the winning candidate’s electors, so they can appear in the Capitol on Dec. 14 to vote.

“The Department of State continues to work closely with and support all 67 counties as they work to complete the election certification process. Certification is not usually a public event, but if that changes, we will notify you,” Wanda Murren, director of communications for the Pennsylvania Department of State, told reporters.

Nearly three weeks after the election, Mr. Trump appears far from his goal of reversing the projected outcome.

The most likely path to victory for Mr. Trump would have been through Pennsylvania. If somehow he still prevailed there, he also would need to reverse his projected loss in at least two other states to reach the 270 electoral votes required to win the White House.

This story is based in part on wire service reports.

• Alex Swoyer can be reached at aswoyer@washingtontimes.com.

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