HARRISBURG, Pa. (AP) — A federal judge had some pointed questions but did not immediately rule Friday on a request that Pennsylvania election officials take new steps to verify the identification and eligibility of soldiers and others living abroad.
U.S. District Judge Christopher Conner corrected a lawyer for the six Republican members of Congress and the conservative voting group suing when the lawyer called it a “pedestrian case” about federal laws preempting state law.
“I would describe it as creative,” Conner said at the end of about an hour and a half of oral argument in the case filed late last month.
This concerns thousands of ballots in Pennsylvania, a crucial swing state that could decide the presidential battle between Vice President Kamala Harris and former President Donald Trump.
Conner asked why the plaintiffs were taking “so long” to file a complaint about procedures that had been in place for years, and pressed the attorneys on whether their clients have the type of injuries necessary for such claims , something that affects them in an individual way.
Prosecutors want Conner to declare that the current practices violate federal law and for the two sides to discuss how to verify the identity and eligibility of people voting this fall under the U.S. Uniformed and Overseas Citizens Absentee Voting Act. They also want foreign and military ballots to be kept separate during the current election season until that extra verification step takes place.
“It is insulting that there had to be an argument over whether or not our votes should be set aside or counted,” Kate Marsh Lord said after attending the hearing. She is communications director for Secure Families Initiative – a group of about 10,000 military spouses and family members that, among other things, educates and registers voters.
The lawsuit was filed by PA Fair Elections, a group led by Heather Honey, an election researcher whose work has fueled right-wing attacks on voting procedures. The other plaintiffs are six of the eight Republican members of the U.S. House of Representatives: Reps. Guy Reschenthaler, Dan Meuser, GT Thompson, Lloyd Smucker, Mike Kelly and Scott Perry.
Earlier Friday, U.S. Rep. Chrissy Houlahan, a Democrat from suburban Philadelphia, called the lawsuit “part of a very extensive and ongoing effort to undermine and destabilize U.S. elections generally.”
Houlahan, an Air Force veteran, said during a streamed news conference sponsored by the veterans group Vet Voice Foundation that the accusers “are in Congress themselves because someone voted for them. Two of them actually served in the military. And I believe that, quite frankly, they should know better.”
Attorney Erick Kaardal said members of Congress are concerned that if verification does not occur, “the likelihood of invalid votes being counted increases.” He said they object to “forced participation in an illegal structure.” The lawsuit does not cover foreign countries and military ballots are prone to fraud or other problems.
But Thomas Howell of Democratic Gov. Josh Shapiro’s general counsel argued that members of Congress and PA Fair Elections say valid votes can be diluted by improper votes. Howell told Conner that isn’t enough reason for the judge to take action.
“They’re looking for something that this court can’t provide,” Howell said. “That’s advice.”
Howell represents the defendants, Secretary of State Al Schmidt, and Jonathan Marks, a top election official under Schmidt.
Attorneys for Schmidt and Marks have argued that federal laws exempt out-of-state voters “from identification requirements imposed on other voters who register to vote by mail” and that it is too late to pursue the lawsuit with Election Day just over two weeks away.
“Plaintiffs offer no excuse for their delay,” attorneys for the state officials wrote. “Nor do they provide any reason for initiating this action at the eleventh hour – after voting for the 2024 general election has already begun and after more than 25,000 ballots have been mailed to voters abroad.”
Military voters are more likely to lean Republican, while other overseas voters are more likely to lean Democratic. The Democratic Party is spending money this year in an effort to increase their turnout.
