Magistrate Judge’s Report and Recommendation #1 (ECF 37)
Why Rule 12(b) Matters Rule 12(b) of the Federal Rules of Civil Procedure is meant to be simple. It allows a defendant to ask a court to dismiss a complaint before answering it—if the complaint itself is legally defective on its face. Importantly, nothing is proven or disproven in this motion; the court may not [...]
Background In May 2022, I ran for State Senate in Lancaster County, Pennsylvania. On Election Day, County officials made a stunning announcement: approximately 14,000 of the 22,000 ballots the County received from ‘mail-in’ voters could not be counted by County’s scanners because the ballots had been misprinted. (the clerk testified that 8,000 ballots scanned [...]