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

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 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 ?