Ubiquitous
2022-11-02 01:05:04 UTC
The Pennsylvania Supreme Court on Tuesday sided with an argument made
by Republicans in their lawsuit seeking to prevent the counting of
improperly completed ballots in next week's general election, throwing
out a lower court's ruling that would have allowed PA election
officials to count absentee and mail-in ballots that were not correctly
dated and signed.
PA's Supreme Court justices vacated the 3rd US Circuit Court of
Appeals' decision that would have allowed the counting of ballots that
were not completed as the Keystone State election laws require, and
ruled that the "Pennsylvania county boards of elections are hereby
ordered to refrain from counting any absentee and mail-in ballots
received for the November 8, 2022 general election that are contained
in undated or incorrectly dated outer envelopes."
The PA Supreme Court also in its ruling directed "the Pennsylvania
county boards of elections segregate and preserve any ballots contained
in undated or incorrectly dated outer envelopes" and noted that the
"Court is evenly divided on the issue of whether failing to count such
ballots violates 52 U.S.C. §10101(a)(2)(B)."
RNC Chairwoman Ronna McDaniel celebrated the win in Pennsylvania as
"massive" for "election integrity."
In a longer statement to Townhall, Chairwoman McDaniel heralded the
ruling as a win for the "rule of law":
This ruling is a massive victory for Pennsylvania voters and
the rule of law. Following an RNC, NRCC, and PAGOP lawsuit,
Pennsylvanias Supreme Court has made clear that incorrectly
dated and undated mail ballots can not be counted. Republicans
went to court, and now Democrats and all counties have to
follow the law: this is a milestone in Republicans ongoing
efforts to make it easier to vote and harder to cheat in
Pennsylvania and nationwide.
As Townhall reported earlier this month, the RNC, NRCC, Republican
Party of Pennsylvania, and several Keystone State voters filed a
lawsuit against the Commonwealth of Pennsylvania to prevent the
counting of mail-in ballots that don't meet explicit state
requirements.
At the time the lawsuit was filed to ensure only mail ballots filled
out in accordance with Pennsylvania's election laws were counted, a
joint statement from RNC Chairwoman Ronna McDaniel, NRCC Chairman Rep.
Tom Emmer (R-MN), PAGOP Chairman Lawrence Tabas noted that, "as the
Pennsylvania legislature and U.S. Supreme Court have made clear,
undated mail-in ballots should not be counted" and pledged that
"Republicans are holding Pennsylvania Democrats accountable for their
brazen defiance of the Supreme Court and the rules duly set by the
legislature."
"Pennsylvania Democrats have a history of election integrity failures
and Pennsylvanians deserve better," the joint statement continued.
"This lawsuit is the latest step in Republican efforts to promote free,
fair, and transparent elections in the Keystone State." And now, their
argument has won in Pennsylvania's highest court.
Pennsylvania law requires that "a voter who uses an absentee or mail-in
ballot 'shall...fill out, date and sign the declaration' printed on the
outer envelope of the ballot." The Pennsylvania Supreme Court has
previously upheld that law, ruling any absentee or mail-in ballot that
does not comply with the law "is invalid and cannot be counted in any
election after the 2020 general election." In addition, Pennsylvania's
official election information portal explicitly explains that ballots
submitted without the declaration section on the return envelope
properly completed "will not be counted."
But, as Townhall reported and according to the Republicans' now-
successful lawsuit, Pennsylvania's acting Secretary of State was
directing local officials to include ballots that were not properly
filled out, signed, and dated despite SCOTUS' recent decision to vacate
the Third Circuit opinion that sought to allow the counting of
improperly completed mail-in or absentee ballots.
Earlier in October, the Secretary of State's office was tweeting that
local officials were "expected to include undated ballots in their
official returns for the Nov election," guidance that the PA Supreme
Court has now superseded with its order for incorrectly dated or
undated ballots to be excluded from vote counts next week.
Every county is expected to include undated ballots in their
official returns for the Nov election, consistent with guidance
& @CommCtofPA decision. Todays order from SCOTUS vacating
Third Circuits judgment on mootness grounds does not affect
the prior decision of @CommCtofPA. pic.twitter.com/eDiYpvLZYV
PA Department of State (@PAStateDept) October 11, 2022
Now all that remains to be seen is whether local officials abide by the
Pennsylvania Supreme Court's order to "segregate" incorrectly dated or
undated ballots and exclude them from their Election Day tallies or
whether they continue to take existing guidance from the Department of
State that runs opposite Tuesday's ruling from Pennsylvania's Supreme
Court.
--
Let's go Brandon!
by Republicans in their lawsuit seeking to prevent the counting of
improperly completed ballots in next week's general election, throwing
out a lower court's ruling that would have allowed PA election
officials to count absentee and mail-in ballots that were not correctly
dated and signed.
PA's Supreme Court justices vacated the 3rd US Circuit Court of
Appeals' decision that would have allowed the counting of ballots that
were not completed as the Keystone State election laws require, and
ruled that the "Pennsylvania county boards of elections are hereby
ordered to refrain from counting any absentee and mail-in ballots
received for the November 8, 2022 general election that are contained
in undated or incorrectly dated outer envelopes."
The PA Supreme Court also in its ruling directed "the Pennsylvania
county boards of elections segregate and preserve any ballots contained
in undated or incorrectly dated outer envelopes" and noted that the
"Court is evenly divided on the issue of whether failing to count such
ballots violates 52 U.S.C. §10101(a)(2)(B)."
RNC Chairwoman Ronna McDaniel celebrated the win in Pennsylvania as
"massive" for "election integrity."
In a longer statement to Townhall, Chairwoman McDaniel heralded the
ruling as a win for the "rule of law":
This ruling is a massive victory for Pennsylvania voters and
the rule of law. Following an RNC, NRCC, and PAGOP lawsuit,
Pennsylvanias Supreme Court has made clear that incorrectly
dated and undated mail ballots can not be counted. Republicans
went to court, and now Democrats and all counties have to
follow the law: this is a milestone in Republicans ongoing
efforts to make it easier to vote and harder to cheat in
Pennsylvania and nationwide.
As Townhall reported earlier this month, the RNC, NRCC, Republican
Party of Pennsylvania, and several Keystone State voters filed a
lawsuit against the Commonwealth of Pennsylvania to prevent the
counting of mail-in ballots that don't meet explicit state
requirements.
At the time the lawsuit was filed to ensure only mail ballots filled
out in accordance with Pennsylvania's election laws were counted, a
joint statement from RNC Chairwoman Ronna McDaniel, NRCC Chairman Rep.
Tom Emmer (R-MN), PAGOP Chairman Lawrence Tabas noted that, "as the
Pennsylvania legislature and U.S. Supreme Court have made clear,
undated mail-in ballots should not be counted" and pledged that
"Republicans are holding Pennsylvania Democrats accountable for their
brazen defiance of the Supreme Court and the rules duly set by the
legislature."
"Pennsylvania Democrats have a history of election integrity failures
and Pennsylvanians deserve better," the joint statement continued.
"This lawsuit is the latest step in Republican efforts to promote free,
fair, and transparent elections in the Keystone State." And now, their
argument has won in Pennsylvania's highest court.
Pennsylvania law requires that "a voter who uses an absentee or mail-in
ballot 'shall...fill out, date and sign the declaration' printed on the
outer envelope of the ballot." The Pennsylvania Supreme Court has
previously upheld that law, ruling any absentee or mail-in ballot that
does not comply with the law "is invalid and cannot be counted in any
election after the 2020 general election." In addition, Pennsylvania's
official election information portal explicitly explains that ballots
submitted without the declaration section on the return envelope
properly completed "will not be counted."
But, as Townhall reported and according to the Republicans' now-
successful lawsuit, Pennsylvania's acting Secretary of State was
directing local officials to include ballots that were not properly
filled out, signed, and dated despite SCOTUS' recent decision to vacate
the Third Circuit opinion that sought to allow the counting of
improperly completed mail-in or absentee ballots.
Earlier in October, the Secretary of State's office was tweeting that
local officials were "expected to include undated ballots in their
official returns for the Nov election," guidance that the PA Supreme
Court has now superseded with its order for incorrectly dated or
undated ballots to be excluded from vote counts next week.
Every county is expected to include undated ballots in their
official returns for the Nov election, consistent with guidance
& @CommCtofPA decision. Todays order from SCOTUS vacating
Third Circuits judgment on mootness grounds does not affect
the prior decision of @CommCtofPA. pic.twitter.com/eDiYpvLZYV
PA Department of State (@PAStateDept) October 11, 2022
Now all that remains to be seen is whether local officials abide by the
Pennsylvania Supreme Court's order to "segregate" incorrectly dated or
undated ballots and exclude them from their Election Day tallies or
whether they continue to take existing guidance from the Department of
State that runs opposite Tuesday's ruling from Pennsylvania's Supreme
Court.
--
Let's go Brandon!