Complainants appeal Lycoming County judge’s dismissal of 2020 election audit request
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Almost three years after the 2020 Presidential election ended in defeat for President Donald Trump and nearly seven months after Lycoming County Voter Services completed a ballot recount, two voters are still pursuing a forensic audit of the county's election results.
Richard Houser and Catherine Burns, members of the conservative Patriots organization, filed notice they were appealing to Commonwealth Court the dismissal of their complaint in county court, according to a story by PennLive.
On July 5, Judge Eric R. Linhardt ruled there is no provision in the state Election Code compelling the board of elections through an independent third party to conduct the audit that was requested.
The judge further found Houser and Burns did not strictly adhere to the statutory requirements for contesting an election after the results are certified, PennLive reported.
Lacking, according to Linhardt, was a petition of at least 100 electors who voted in the election and a verification affidavit signed by at least five of them.
A bond must be posted within five days of the petition being filed, which did not occur either, he said.
As such, he concluded that the court lacks jurisdiction to issue an order affecting the 2020 election. The appeal notice did not specify how the complainants believe the judge erred in his decision to dismiss the case.
The case defendants are Lycoming County, its election board, voter services director Forrest K. Lehman and Commissioners Scott L. Metzger, Tony R. Mussare and Richard Mirabito.
Houser and Burns in their complaint alleged county election officials failed as required to refer to the district attorney all allegations of fraud or irregularity.
Their attorney Gregory A. Stapp claims the legal action is not a challenge of the 2020 election results but the complaint sought a court order decertifying them because the audit uncovered proof of fraud, PennLive reported.
Houser and Burns claim the commissioners were presented evidence of specific vote irregularities but failed to investigate them.
"Look Ahead America," a website operated by Matt Braynard, a former Trump official, provided 11 potential fraudulent registrations to Lehman who is alleged to have admitted six were, they said.
Houser and Burns had sought an audit similar to the recount that took place in Arizona.
Two other Lycoming County election-related appeals are pending before Commonwealth Court that challenge decisions made by Linhardt, PennLive stated.