source of the claims asserted,’ [the Court’s] focus remains on whether the plaintiff
is the proper party to bring those claims.”49
As discussed above, Plaintiffs allege two possible theories of standing.
First, Individual Plaintiffs argue that their votes have been unconstitutionally
denied. Under this theory, Individual Plaintiffs must show that Defendant
Counties’ use of the notice-and-cure procedure, as well as Secretary Boockvar’s
authorization of this procedure, denied Individual Plaintiffs the right to vote.50
Second, the Trump Campaign maintains that it has competitive standing.51
Both theories are unavailing. Assuming, as this Court must, that Plaintiffs
state a valid equal-protection claim, the Court finds that Individual Plaintiffs have
adequately established an injury-in-fact. However, they fail to establish that it was
Defendants who caused these injuries and that their purported injury of vote-denial
is adequately redressed by invalidating the votes of others. The Trump
Campaign’s theory also fails because neither competitive nor associational
standing applies, and it does not assert another cognizable theory of standing.
49
50
51
Id. (brackets and internal citations omitted).
As discussed above, to the extent that Plaintiffs would have premised standing on the theory
that Pennsylvania’s purportedly unconstitutional failure to uniformly prohibit the notice-andcure procedure constitutes vote-dilution, such an assertion would be foreclosed under Bognet.
2020 WL 6686120, at *9-10. Accordingly, the Court will only consider whether Individual
Plaintiffs have standing under their vote-denial theory.
In the interest of comprehensiveness, the Court also addresses whether the Trump Campaign
has associational standing.
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