Editorial Staff
HARRISBURG — In a significant ruling, the State Supreme Court has declared that Republican state lawmakers are no longer authorized to pursue the enforcement of a subpoena issued in 2021 for a broad array of election records. This decision, issued Wednesday, deals a blow to efforts inspired by former President Donald Trump’s unsubstantiated allegations of fraud in the 2020 presidential election.
The court’s brief order dismissed three appeals related to the case, nullified a prior lower court ruling, and emphasized that the subpoena lost its enforceability with the conclusion of the state Legislature’s two-year session in 2022.
The subpoena, initiated by a Republican-dominated state Senate committee, was part of what was termed a “forensic investigation” into the 2020 presidential election. This move came amidst mounting pressure from Trump and his allies in key battleground states, where Trump faced defeat against Democrat Joe Biden, to scrutinize ballots, voting machines, and voter rolls in pursuit of evidence to substantiate their unfounded claims of election fraud.
Despite the prolonged legal battles, no public report or outcomes emerged from the Senate Republicans’ investigation or subpoena. Their response to the court’s ruling on whether they intend to issue a new subpoena remains undisclosed.
The verdict marks a triumph for the state attorney general’s office, Senate Democrats, and various voter advocacy groups, who had vehemently opposed the subpoena in court.
Witold J. Walczak, legal director of the American Civil Liberties Union of Pennsylvania, representing these groups, remarked, “It was a ton of work and a lot of commotion, and the case goes out with a whimper. But fortunately, in our view, no damage was done.”
Democrats had contended that the subpoena constituted an abuse of legislative authority, lacking any genuine legislative purpose, and was essentially an offshoot of Trump’s endeavors to erode confidence in the 2020 election results.
Additionally, arguments were raised by voter groups and the attorney general’s office concerning the privacy implications of disclosing certain election records, such as the driver’s license numbers of 9 million registered voters, which are protected under privacy laws. Moreover, they asserted that divulging information sought by Republicans regarding election systems was prohibited by federal law.
The high court’s order reverses the Commonwealth Court’s decision from last year, which had deferred the enforcement of the subpoena to the Senate under the state’s contempt laws. The ACLU, apprehensive of the privacy ramifications for voters, had deemed the lower court’s ruling perilous.
The fervor for election audits or investigations, fueled by Trump’s ardent supporters, particularly in battleground states like Pennsylvania, incurred significant costs for Republicans. However, an Associated Press investigation into potential voter fraud cases in Pennsylvania and five other disputed states found an exceedingly small number of instances.
Election officials from 11 out of Pennsylvania’s 67 counties identified a mere 26 potential cases of voter fraud, constituting a minuscule 0.03% of Biden’s victory margin. Biden secured victory in Pennsylvania by over 80,000 votes, as per the state’s certified results.