Article I, § 4, cl. 1 , the " Elections Clause " of the
United States Constitution , delegates to the states,
the Time, Manner, and Place of conducting national elections. The Pennsylvania Constitution delegates
this power to the General Assembly, which has
further delegated this power to County Board s of
Elections (including the Petitioners). 25 Pa. Stat. Ann.
§ 2641(a). County Boards of Elections therefore have
authority , inter alia, to purchase voting machines for
voting in national elections. 25 Pa. Stat. Ann. §
2642(c) . In 2019, the Petitioners signed a contract
with Dominion for the provision of voting machines for
the November 2020 General Election. The Petitioners
filed suit against Dominion for breach of contract ,
when they discovered that the voting machines were defective and compromised . The District Court
summarily dismissed , ruling that the Petitioners
lacked standing and their suit had no merit . The
Third Circuit Court of Appeals affirmed.

I.

Did the District Court err in holding that the
Petitioners failed to state a claim for breach of
contract on the basis that they did not have standing
to sue Dominion, vendors of a product that the
Petitioners purchased by contract , where the
Petitioners are constitutionally and statutorily
delegated the authority to contract with vendors for
the provision of voting machines to conduct national
elections?

II.

Did the District Court err in holding that, even if
there was standing to sue for breach of contract, the
Petitioners failed to state a claim because they
allegedly caused the decertification of Dominion's voting machines , where (1) this was a n erroneous
finding of fact because decertification had not
occurred at the time of Dominion's breach ; and (2) this
was procedurally erroneous because a D istrict Court
cannot make such findings on a motion to dismiss under Federal Rule of Civil Procedure 12(b) (6)
without a hearing and without discovery where such
findings concern questions of material fact regarding
allegations of breach of a contract that was attached the Petitioners' complaint and where the Petitioners
set forth material allegations concerning why and
how Dominion had breached the contract?

III.

Did the Third Circuit Court of Appeals and
District Court usurp the Elections Clause Powers of
the Petitioners by ruling that the Petitioners could
not exercise these delegated powers and file suit
against Dominion for breach of contract and breach of
warranty in the provision of defective and
constitutionally deficient voting machines provided to
the Petitioners for the purposes of fulfilling their constitutionally delegated role of the manner of conducting elections ?

Whether the District Court erred in dismissing the Petitioners' breach of contract suit against Dominion for voting machine defects, based on lack of standing and procedural grounds