The American Democracy Minute Radio Report & Podcast for Oct. 2, 2024
Today’s Script
(Variations occur with audio due to editing for time. Today’s Links below the script)
You’re listening to the American Democracy Minute, keeping YOUR government by and for the people.
We’ve reported for months now on challenges to undated or misdated mail-in ballots in Pennsylvania. After the Pennsylvania Supreme Court overturned a state court ruling allowing the counting of those ballots, the ACLU is now taking a parallel case to the U.S. Supreme Court.
The ballots in question are from otherwise eligible voters whose mail-in ballots were received on time and were correct except for a missing or incorrect date on the outer envelope. Pennsylvania election law says they must be disqualified, but in 2022 as many as 10,000 Pennsylvania voters were disenfranchised by the rule. Two parallel cases in state and federal courts were filed on behalf of some of those voters, but the state case hit a dead end on September 4th when the Pennsylvania Supreme Court rejected the case on a technicality.
The federal case, NAACP v. Schmidt, lost on appeal in March 2024, and was denied a rehearing. Then September 25th, the ACLU asked the U.S. Supreme Court to take the case. The ACLU argues that the “Materiality Provision” of the 1964 Civil Rights Act prevents ballots from being invalidated for trivial mistakes, a voter suppression tactic used in the Jim Crow South.
Whether the U.S. Supreme Court’s majority takes the case, and whether it would rule before the election, is an open question.
We’ve linked to more on the case at AmericanDemocracyMinute.org. I’m Brian Beihl.
Today’s Links
Articles & Resources:
American Democracy Minute – In Wins for Pennsylvania Voters, Court Rules ‘Naked Ballots’ Can Be Fixed, and Ballots with Date Issues Can Be Counted
American Democracy Minute – Pennsylvania Won’t Count Undated Mail Ballots After All
Jurist News – ACLU to challenge Pennsylvania’s mail ballot dating rule before the US Supreme Court
Democracy Docket – Pennsylvania Orgs Ask SCOTUS To Decide if Rejecting Mail-in Ballots for Date Errors Violates Civil Rights Act
ACLU – U.S. Supreme Court “PETITION FOR A WRIT OF CERTIORARI”
Groups Taking Action:
ACLU, NAACP PA , League of Women Voters PA, Black Political Empowerment Project
Check Your Voter Registration:
- U.S. Election Assistance Commission – Register And Vote in Your State
- USA Vote Foundation – Registration, Eligibility, State Election Office Links
- Vote.Gov – Register to Vote in Your State
- Vote.Org – Check Your Registration to Vote
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#Democracy #DemocracyNews #Pennsylvania #USSupremeCourt #ACLU #SCOTUS