Trump Campaign’s Murtaugh Brands Pennsylvania Presidential Election ‘Unconstitutional’

November 12, 2020 Updated: November 12, 2020

Trump campaign communications director Tim Murtaugh on Nov. 10 criticized the handling of Pennsylvania’s presidential election, branding it as “unconstitutional.”

Murtaugh made the remarks during an appearance on Fox News’ “Outnumbered Overtime,” saying that he believes the Trump campaign’s latest lawsuit in the state, which holds 20 Electoral College votes, will “prevail.”

“What they did in Pennsylvania was conduct, basically, an unconstitutional election,” Murtaugh said. “Depending on where you were in the state and when you voted, you were treated differently.”

Murtaugh claimed Tuesday that Democrat voters in Philadelphia who had problems with their submitted mail-in ballots were contacted by election officials and told to “come in and cast a provisional vote before Election Day.”

“That is not allowed,” Murtaugh said, adding that Republican voters “were not given that same opportunity.”

“You cannot have an election and treat different voters differently within the same state,” Murtaugh said. “That is a violation of the equal protection clause of the U.S. Constitution and it’s a very, very, serious offense.”

“And absolutely, we believe they are going to prevail on that suit, otherwise we wouldn’t have filed it,” he added.

The Trump campaign on Monday filed a lawsuit (pdf) against Pennsylvania Secretary of State Kathy Boockvar and seven county boards of election—Allegheny, Centre, Chester, Delaware, Philadelphia, Montgomery, and Northampton, claiming that “almost every critical aspect” of the state’s election was “effectively shrouded in secrecy.”

Epoch Times Photo
Pennsylvania Secretary of State Kathy Boockvar in an undated photograph. (Pennsylvania Department of State)

It alleges that the Pennsylvania election process violated the Constitution by creating different standards of verification and transparency for mail-in and in-person voters, as well as disparate treatment of Republican and Democrat voters and poll watchers.

Trump campaign legal counsel Matt Morgan told reporters Monday that in Philadelphia and Allegheny, there were over 682,000 ballots that were tabulated outside the view of GOP observers who were entitled by law to review them.

He also said the razor thin margin in Pennsylvania is “very close” to the state’s automatic recount rules, and that the lawsuit could “swing that.”

Several major election fraud accusations have been made in the Keystone State. A U.S. Postal Service worker said he overheard superiors discussing backdating ballots. Senate Judiciary Chairman Lindsey Graham (R-S.C.) said he’s calling on the Department of Justice to look into the allegations.

The Epoch Times won’t declare a winner until all election results are certified and any legal challenges are resolved.

Charlotte Cuthbertson contributed to this report.