Today’s Links:
Marc Elias essay on Democracy Docket: A Constitutional Crisis Is Brewing in Pennsylvania
Prof. Derek Muller, Univ. of Iowa on Election Law Blog: Is mandamus appropriate in the Pennsylvania certification dispute, Chapman v. Berks County Board of Elections?
Phildelphia Inquirer Pennsylvania’s in an election results certification crisis over the primary, and the state just sued three counties
Groups Taking Action: ACLU of PA, League of Women Voters of PA, Democracy Docket
You’re listening to the American Democracy Minute, keeping YOUR government by and for the people.
Remember the undated mail ballot cases in Pennsylvania? Federal courts mandated the ballots be counted, overriding state law. Sixty-four counties followed the court’s order after the May 17th primary. Three counties did not.
Pennsylvania’s legislature passed a law after the 2020 election disallowing the counting of mail ballots with no date. Ultimately, the Third Circuit Federal Court ruled in a local county case that the date was immaterial, and the ballots must be counted. In a similar case during the state primary between Dr. Oz/David McCormick the courts also ordered undated ballots to be counted.
But three counties have refused to comply, arguing they believed the state lacks the power to force these kinds of counting orders. A Democracy Docket commentary by voting rights attorney Marc Elias raises questions on what this could mean for future elections. If election officials put partisan aims over their duty to run a fair election, wielding rules like Pennsylvania’s “no-date” rule to keep votes from counting could be used to suppress votes and shift elections.
Lurking in the shadows of all such state voting rights cases is the North Carolina U.S. Supreme Court case which may test the Independent State Legislature theory, giving state legislatures ultimate control over elections – and rules like not counting undated ballots.
The Elias Democracy Docket essay and another Election Law Blog article by Professor Derek Muller on the subject are linked at AmericanDemocracyMinute.org
Granny D said “Democracy is not something we have, it’s something we DO.” For the American Democracy Minute, I’m Brian Beihl.