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PA Court Affirms Dismissal of Right-Wing Challenge To Lycoming County’s 2020 Election Results

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PA Court Affirms Dismissal of Right-Wing Challenge To Lycoming County’s 2020 Election Results


WASHINGTON, D.C. — Last week, the Commonwealth Court of Pennsylvania tossed out a right-wing lawsuit brought by two members of the Lycoming County Patriots who challenged the results of the county’s 2020 general election over two years after it took place. 

Despite the fact that former President Donald Trump prevailed over now-President Joe Biden by nearly 25,000 votes in Lycoming County’s 2020 general election, the voters who brought the lawsuit claimed that the county’s election results should be decertified upon findings of fraud and irregularities. 

The Commonwealth Court’s ruling issued last Wednesday affirmed Lycoming County Judge Eric R. Linhardt’s previous dismissal of the legal challenge last summer on the grounds that it was both legally and procedurally “insufficient.” 

In his July 2023 order, Linhardt rejected the right-wing petitioners’ request for an independent post-election investigation of the county’s 2020 election results — known as a “forensic audit” — in order to examine alleged “fraud and irregularities.” The Lycoming County Board of Elections previously declined to vote for a forensic audit — a move that prompted the petitioners to conduct their own investigation into the election results and subsequently file their legal action. 

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In support of their twice-rejected claims that the election was beset by fraud, the members of the conservative Lycoming County Patriots pointed to “potentially fraudulent” voter registrations — most of which were later canceled by the county’s election director. According to Linhardt’s 2023 decision, the board’s cancellation of the faulty registrations made it “apparent” that it did in fact perform its legal duty to investigate potential election fraud and irregularities. 

The unanimous three-judge panel that issued last week’s order wrote that it affirms the dismissal of the suit “based on Judge Linhardt’s well-reasoned opinion.” 

The panel also addressed the petitioners’ assertion that the Lycoming County Board of Elections failed to report “suspicious circumstances” to the county district attorney. In particular, the panel held that “it is within a board’s discretion to determine whether there is credible evidence of suspicious circumstances” and that the board has “no mandatory duty to report anything others may deem suspicious.”

As a hotbed of election denialism and conspiracy theories, Lycoming County has experienced numerous election-related tribulations over the last few years. Nearly 800 days after the 2020 election, Lycoming election officials performed a hand recount of nearly 60,000 ballots cast on Election Day — an undertaking that took nearly 560 hours of work, according to the New York Times. 

Although the results of the recount had negligible effects on the county’s election results and revealed no evidence of fraud, Republicans in the county have continued to sow doubt and promulgate conspiracy theories surrounding the 2020 election. 

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Last week’s decision — unless appealed — officially puts an end to the Lycoming County Patriots’ legal challenge to Pennsylvania’s 2020 election results. As the 2024 presidential election nears, the Keystone State is seeing a proliferation of other election-related legal challenges from right-wing individuals and organizations concerning everything from drop boxes to automatic voter registration and more.  

Read the opinion here.

Learn more about the case here.



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Pennsylvania

Pennsylvania Gov Josh Shapiro’s neighbor accuses him of stealing land in ‘outrageous abuse of power’

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Pennsylvania Gov Josh Shapiro’s neighbor accuses him of stealing land in ‘outrageous abuse of power’


Pennsylvania Gov. Josh Shapiro’s neighbors are suing the Democrat, accusing him of stealing a slice of their land to erect an eight-foot-high security fence around his private residence in an “outrageous abuse of power.”

The neighbors, Jeremy and Simone Mock, are currently duking it out with the governor in court over a 2,900 square foot parcel of land located between their two homes in Abington, Montgomery County, court papers show.

The Mocks alleged in a lawsuit filed last month that Shapiro and his wife, Lori, unlawfully seized the stretch of land after initial negotiations to buy it from them went up in flames.

Pennsylvania Gov. Josh Shapiro’s neighbors have accused the Democrat of stealing a slice of their land to erect an eight-foot-high security fence around his private residence. Josh Shapiro / Facebook

Shapiro claimed in a countersuit that he owns the disputed land due, citing an “adverse possession” loophole that makes it his because he has maintained the sliver of property for decades.

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The land-grab tit-for-tat kicked off last year when the Shapiros first sought to erect the huge fence and upgrade security following an arson attack on the governor’s official residence in Harrisburg while they were all sleeping inside on April 13.

Shapiro initially offered to pay the Mocks for the 2,900-square-foot section of land, which he for decades had believed was his, to be able to build the fence, the suit said.

The negotiations, however, fell through when the neighbors couldn’t agree on a price.

The Mocks allege that’s when Shapiro and his wife unlawfully claimed ownership of the property — even planting trees and having State Troopers stationed there.

“What followed was an outrageous abuse of power by the sitting Governor of Pennsylvania,” the Mocks’ lawsuit argues.

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The neighbors claim Shapiro had State Troopers stationed on the property after unlawfully claiming ownership, the lawsuit states. Eastern District of Pennsylvania
Shapiro initially offered to pay the Mocks for the 2,900 square foot section of land, which he had believed for decades was actually part of his own property, but the negotiations fell through, according to the suit. Eastern District of Pennsylvania

“To begin, the Shapiros suddenly claimed, without evidence, they owned the Mock Property through ‘adverse possession’ despite their previous acknowledgments that the Mock Property was owned by no one other than the Mocks and despite having never been awarded the Mock Property through adverse possession by a court,” the court filing states.

The law allows for an occupant to legally acquire the title of someone else’s property if they’ve occupied the area for over 21 years.

The Shapiros purchased their home in 2003 and long believed the disputed 2,900 square foot section of land was part of their property, meaning they had maintained it for more than the required 21 years, their countersuit claims.

As the issue continues to play out in court, Shapiro’s office suggested the entire saga was a political stunt.

“The Governor looks forward to a swift resolution and will not be bullied by anyone trying to score cheap political points, especially at the expense of his family’s safety and wellbeing,” his office told NBC when the dueling suits were filed.

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Funeral arrangements set for Pa. state trooper shot and killed in Chester County

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Funeral arrangements set for Pa. state trooper shot and killed in Chester County


The funeral arrangements for Corporal Timothy O’Connor, who was shot and killed in Chester County on Sunday, have been announced.

The viewing for O’Connor will be Tuesday, March 17, from 4:30 p.m. to 8 p.m. at St. Joseph’s Church located at 338 Manor Avenue in Downingtown, Pa., according to the Parkesburg Police Department.

The funeral will be held at the same location on Wednesday, March 18, at 11 a.m., police said.

O’Connor was shot and killed during a traffic stop in Honey Brook on Sunday night. The suspect, Jesse Nathan Elks, took his own life after shooting O’Connor.

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O’Connor was a 15-year veteran of the Pennsylvania State Police who leaves behind a wife, Casey, and a 6-year-old daughter, according to police.

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Fire crews try moving burning barge to shallow water in Delaware Bay

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Fire crews try moving burning barge to shallow water in Delaware Bay


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Delaware, Pennsylvania, and federal agencies have been responding to a barge fire in the Delaware Bay. 

The barge, which is carrying salvage metal, is being moved to shallow water so it can be secured, allowing on-scene responders to extinguish the fire and complete salvage operations, according to a March 10 statement from the Delaware Emergency Management Agency.

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No injuries have been reported as of 1:15 p.m.

The Delaware Department of Natural Resources and Environmental Control (DNREC) is on scene to perform air monitoring, the statement said.

Responding agencies include the Wilmington Fire Department, Good Will, Leipsic Volunteer, Bowers and South Bowers fire companies. Also there are Delaware State Police, DNREC, New Castle County Office of Emergency Management, Kent County Department of Public Safety, the Delaware Emergency Management Agency and the U.S. Coast Guard Sector Delaware Bay.

The Philadelphia Fire Department was enroute.

This is a developing story. Check back with delawareonline.com for more information.

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Send tips or story ideas to Esteban Parra at (302) 324-2299 or eparra@delawareonline.com.



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