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Today’s Links:
SCOTUS Decision:   https://www.supremecourt.gov/opinions/21pdf/21a772_h3dj.pdf
Scotus Blog:  “Court allows Pennsylvania officials to count ballots that arrived in undated envelopes”
Election Law Blog:   “Breaking and Analysis: Supreme Court, with 3 Noted Dissents, Won’t Interfere with Pennsylvania Race Requiring Counting of Undated but Timely Mail-In Ballots; Justice Alito Suggests Expeditious Review Before Next Elections“

You’re listening to the American Democracy Minute, keeping YOUR government by and for the people.

We told you earlier this month about the undated ballot case in Pennsylvania, and that it COULD have national implications.  The U.S. Supreme Court has now lifted its temporary stay, but there are now more indications that the court may not be a friend to the American voter.

The U.S. Third Circuit Court of Appeals had ruled that mail-in ballots, which were on time but undated for a county election in Pennsylvania should be counted, but the U.S. Supreme Court recently issued issued a temporary stay.  

SCOTUS Blog reports that June 9th, the Supreme Court rendered a decision, choosing to lift its stay and NOT to hear the case, clearing the way for the undated ballots to be counted.   

Justice Alito, who had issued the temporary stay also wrote a dissent representing himself, Justice Thomas and Justice Gorsuch.  Alito urged the court to take up the case and give a full decision by October in time for the 2022 general election.  They argued the lower court’s assertion that throwing out on-time ballots without a date could disenfranchise voters was flawed and not specific enough.  The dissenters also cited, among other criticisms, that filling out the ballot wrong didn’t have anything to do with the voter’s opportunity to vote, and therefore didn’t likely violate federal voting rights laws. 

For this election, it appeals that the undated ballots will count, not just in Pennsylvania, but around the country.   But it’s not likely the end of the issue.

Links to the decision and analysis are available at AmericanDemocracy Minute.org

Granny D said, “Democracy is not something we have, it’s something we DO.” 

For the American Democracy Minute, I’m Brian Beihl.