20/12/10 17:51:38.38 i0PfAM2l0.net
>>397
The want of due diligence demonstrated in this matter is unmistakable.
Petitioners filed this facial challenge to the mail-in voting statutory provisions more than one year after the enactment of Act 77.
At the time this action was filed on November 21, 2020,
millions of Pennsylvania voters had already expressed their will in both the June 2020 Primary Election and the November 2020 General Election and the final ballots in the 2020 General Election
were being tallied, with the results becoming seemingly apparent. Nevertheless,
Petitioners waited to commence this litigation until days before the county boards of election were required to certify the election results to the Secretary of the Commonwealth.
Thus, it is beyond cavil that Petitioners failed to act with due diligence in presenting the instant claim.
Equally clear is the substantial prejudice arising from Petitioners’ failure to institute promptly a facial challenge to the mail-in voting statutory scheme,
as such inaction would result in the disenfranchisement of millions of Pennsylvania voters.
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