Republicans running partisan reviews of the 2020 election results and Democrats trying to stop them are barreling toward court showdowns in two key swing states in the coming weeks. Nearly a year after President Joe Biden’s inauguration, Republican-led legislative chambers in Pennsylvania and Wisconsin are still forging ahead with investigations similar to earlier efforts in states such as Arizona — which were sharply criticized by election experts — looking for evidence of fraud or other malfeasance in the 2020 vote. Now, an initial round of rulings and new court dates in lawsuits challenging the reviews is coming up, with Democrats and election experts hoping they will halt the drive by Republican lawmakers to revisit the results. Investigations in other states, most recently Texas, have failed to turn up evidence of serious issues. And election experts have long warned that the reviews — which supporters often call “audits,” a term professional election administrators and experts have rejected — are a political vehicle for former President Donald Trump and his followers to launder their conspiratorial beliefs about his 2020 loss into the mainstream under the guise of government investigation.
Pennsylvania court declines request to quash Senate GOP election investigation subpoena, needs more time for review | Marley Parrish/Pennsylvania Capital-Star
The legislative subpoena issued as part of the taxpayer-funded election investigation is on hold, following a Monday Commonwealth Court decision to take more time to evaluate a Senate panel’s request for millions of voters’ driver’s license numbers and partial Social Security numbers. That means the legal request, issued by the Senate Intergovernmental Operations Committee in a September vote along party lines, is delayed as the case enters into a fact-finding hearing with discovery and witness testimony. The unsigned, 7-page order comes nearly a month after a panel of five judges heard arguments in the case brought by legislative Democrats and Attorney General Josh Shapiro to challenge the review of the 2020 general and 2021 primary elections. They have also raised concerns that Envoy Sage, LLC, an Iowa-based company selected for the investigation, has not outlined specific security measures and has no direct election-related experience. The Commonwealth Court said that it could not conclude that challengers affirmed “a clear, legal right to quash the subpoena” by arguing that the seldom-used Senate panel does not have the legislative power to request voters’ identifying information. The court also wrote that there is “substantial factual question surrounding the federal protection requirements and the capability of the Senate committee’s contracted vendor, Envoy Sage, LLC, to protect the infrastructure information.” Most of the requested information is publicly available. State law, however, prohibits the public release of someone’s driver’s license number and Social Security number.