PA Supreme Court Refuses to Rehear Mail-In Ballot Missing Date Appeal and Others As Too Close to the Election



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.

The Pennsylvania Supreme Court refused to rehear a challenge to mail-in ballots with missing or inaccurate dates on the merits, after dismissing the case on a technicality in September.  But it also denied a GOP challenge of counties which notified mail-in voters of a mistake, and allowed them to ‘cure’ their ballot.

Citing the U.S. Supreme Court’s “Purcell Principle” as justification, the court ruled Oct. 5th that these and most other voting-related cases were now too close to the election.  “This Court will neither impose nor countenance substantial alterations to existing laws and procedures during the pendency of an ongoing election,” it said.

The missing date decision could affect tens of thousands of Pennsylvania voters who mistakenly don’t date, or misdate, their mail-in ballots.  Under the Commonwealth’s law those ballots are not counted.  The ACLU has also appealed the case to the U.S. Supreme Court using the 1964 Civil Rights Act, which forbids minor mistakes from disqualifying a voter, but it is unclear if, or when, the high court would consider the appeal.

In her dissent, Chief Justice Debra Todd wrote that the case would be an appropriate use of the Pennsylvania Supreme Court’s “King’s Bench” power, saying,  “Where, as here, the issue concerns the fundamental right to vote, and where the consequences of inaction risk undermining the electoral process, I deem it imperative to act now.”   

We have a link to the decisions at AmericanDemocracyMinute.org.  I’m Brian Beihl.

Today’s Links

Articles & Resources:

Pennsylvania Supreme Court – (Missing Date Case) ORDER – PER CURIAM
Pennsylvania Supreme Court –  (Missing Date Case)  DISSENTING STATEMENT – CHIEF JUSTICE TODD
Pennsylvania Supreme Court – (Notification & Curing Case) ORDER – PER CURIAM


Groups Taking Action:

ACLU PAPA Conference of the NAACP, Common Cause PA, Black Political Empowerment ProjectLeague of Women Voters PA

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