Pennsylvania Man Charged with Double Voting Cites Trump Pardon in Novel Legal Challenge
A man accused of illegally voting in both Pennsylvania and Florida during the 2020 election is attempting to have his case dismissed by arguing he is covered under the broad pardon issued by former President Donald Trump to those involved in efforts to overturn the 2020 election results.
Matthew Laiss was charged in September with double voting in the November 2020 election. Federal prosecutors allege that Laiss relocated from Pennsylvania to Florida in August of that year and afterward cast ballots both in person in Florida and via mail in Bucks County,Pennsylvania,with both votes reportedly cast for Trump.
Earlier this month, Trump granted pardons to 77 individuals, including members of his legal team and those involved in the so-called “fake electors” scheme. Critically, the pardon proclamation utilized expansive language, stating Trump was granting “a full, complete, and unconditional pardon to all United States citizens” for conduct relating to the 2020 election.
Laiss’s attorney filed a motion to dismiss last week, asserting that the “plain language” of the pardon extends to his client.The motion further argued the “unequivocal absurdity” of pardoning individuals like John Eastman, Rudolph Giuliani, Mark Meadows, and Sidney Powell for alleged serious misconduct while excluding a 26-year-old man who cast two votes for Trump.
“To read the Pardon Proclamation to intend such an outcome would be outrageous, particularly considering its sweeping language,” the attorney argued in the filing.
A spokesperson for the U.S. attorney’s office declined to comment on the ongoing case. The White House Press office did not respond to a request for comment.
Legal scholars cautioned that the broad wording of Trump’s pardon could lead to unforeseen consequences. Justin Levitt, a professor at Loyola Law School in California and a former Justice Department official, expressed little surprise at the defense’s argument.
Levitt argued the pardon was “so broad and poorly written” that it could potentially apply not only to trump’s intended recipients but also to individuals accused of illegal voting in 2020, like Laiss, and even to election officials Trump has suggested should face prosecution for alleged “cheating.”
Though, a key limitation exists: the pardon only applies to federal crimes.election-related offenses are typically prosecuted at the state or local level.
There are other federal cases that may be impacted by the pardon. earlier this year, a man from Montgomery County, Pennsylvania, pleaded guilty to multiple election law violations, including one offense committed during the 2020 election.
Derek Muller, an election law professor at Notre Dame Law School who first highlighted Laiss’s motion on the Election Law Blog, explained that Trump’s broadly worded pardon makes sense given the extensive timeframe, multiple states, and numerous individuals involved in the conduct surrounding the 2020 election. He noted that pardons are typically more narrowly tailored to specific individuals or circumstances.
even former President Joe Biden issued broadly worded pardons, including those for his son and members of Congress involved in the January 6th inquiry, Muller said, but he emphasized that Biden’s pardons were more specifically targeted.
trump’s pardon “does name individuals, but it does speak to anyone, and it also speaks to a wide range of conduct,” Muller said. “It’s a little sloppier language. With that broad of language, it allows for unintended consequences.”
The U.S. attorney’s office has until Friday to respond to the motion. Ultimately, the judge presiding over the case will determine whether the pardon applies to Laiss’s situation, Muller stated.
correction, Nov. 25: A previous version of this story misstated the other cases this pardon may apply to. It only applies to citizens, not non-citizens.
Carter Walker is a reporter for Votebeat in partnership with Spotlight PA. Contact Carter at [email protected].
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