The American Democracy Minute Radio Report & Podcast for Jan. 24, 2025

Today’s Script

(Variations occur with audio due to editing for time. Today’s Links below the script)

We have updates on important state supreme court cases involving the outcome of a November 2024 North Carolina Supreme Court election, and whether Pennsylvania can count mail ballots with missing dates.  

First to North Carolina, where after two recounts, a race for supreme court justice is separated by 734 votes, with 5.5 million ballots cast.  Supreme Court Justice Allison Riggs was declared the winner over Appeals Court Judge Jefferson Griffin, but Griffin refused to concede and appealed to invalidate as many as 60,000 voters.  

Griffin’s challenge includes voters with felony convictions, despite North Carolina’s returning citizen rights restoration.  He and the North Carolina GOP also challenge voters with incomplete registration information, some of whom are even elected officials and have voted for years. 

Wednesday, the Carolina Journal reported that the North Carolina Supreme Court refused to hear the case in a 5 to 1 decision, sending it back to Wake County Superior Court to consider Judge Griffin’s complaints

Back in October, the Pennsylvania Supreme Court refused to rule whether  on-time mail-in ballots missing a signing date could be counted. Of the two challenges filed, the ACLU’s argument that rejecting the ballots is a violation of the state constitution’s Free and Equal Elections Clause will be considered, and the other dismissed.   No trial date has been set.

We have more at AmericanDemocracyMinute.org.  I’m Brian Beihl. 

Today’s Links

Articles & Resources:

American Democracy Minute – (2024) After losing two recounts in State Supreme Court Race, North Carolina GOP Candidate Is Still Challenging the Eligibility of 60,000 Voters
Carolina Journal – NC Supreme Court sends Griffin’s election complaint back to trial court
Courthouse News – North Carolina Supreme Court sends election challenge for associate justice seat downwards
American Democracy Minute – (2024)  PA Supreme Court Refuses to Rehear Mail-In Ballot Missing Date Appeal and Others As Too Close to the Election
Pennsylvania Supreme Court – BRIAN T. BAXTER AND SUSAN T. KINNIRY  v.  PHILADELPHIA BOARD OF ELECTIONS, REPUBLICAN NATIONAL COMMITTEE,, AND REPUBLICAN PARTY OF PENNSYLVANIA
Votebeat PA – Pennsylvania Supreme Court to hear latest case over undated mail ballots

Groups Taking Action:

ACLU PA,  PA Conference of the NAACP, Common Cause PA, Black Political Empowerment Project

Register or Check Your Voter Registration:

U.S. Election Assistance Commission – Register And Vote in Your State

Please follow us on Facebook and Bluesky Social, and SHARE! 

Find all of our reports at AmericanDemocracyMinute.org

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Are you a radio station?  Find our broadcast files at Pacifica Radio Network’s Audioport and PRX

#Democracy  #DemocracyNews #NorthCarolina #Pennsylvania #NCSupremeCourt #PASupremeCourt  #VoterSuppression

The post Updates on Two Consequential State Supreme Court Cases in North Carolina and Pennsylvania appeared first on American Democracy Minute.

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
  
  

Please follow us on Facebook and Twitter and SHARE!  

Find all of our reports at AmericanDemocracyMinute.org

Want ADM sent to your email?  Sign up here!

Are you a radio station?  Find our broadcast files at Pacifica Radio Network’s Audioport and PRX

#Democracy  #DemocracyNews #Pennsylvania #USSupremeCourt #ACLU #SCOTUS

The post The ACLU Asks U.S. Supreme Court to Rule on Undated Pennsylvania Mail-in Ballots Case appeared first on American Democracy Minute.

Listen! https://www.podomatic.com/podcasts/americandemocracyminute/episodes/2022-06-12T05_56_25-07_00

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.

The post American Democracy Minute for June 13, 2022: SCOTUS Allows Undated Ballots, but Dissent Shows Some Justices Unfriendly to Voters appeared first on American Democracy Minute.

Today’s links:
Articles:   Phildelphia Enquirer; NPR; Associated Press
Ways to take action:  ACLU Pennsylvania; Keystone Votes

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

We reported last week about a federal appeals court decision in a Pennsylvania county election that could have national implications.  It’s now impacting the recount of that state’s U.S. Senate race, and could end up in the U.S. Supreme Court.

The case involves 257 mail-in ballots which were properly signed and submitted on time, but were lacking a date on the affidavit form.  But Pennsylvania law says those ballots must be dated, and they were thrown out by the county elections board.  The ACLU of Pennsylvania filed suit on behalf of those voters, and a federal appeals court allowed the ballots to be counted, saying the lack of the date was immaterial.

The ruling was only days after the Pennsylvania state primary, where the Republican race for U.S. Senate is awaiting the results of a recount, started last Friday. The margin between Dr. Oz and David McCormick is only 922 votes, or .07%.    Election officials report that the number of undated mail-in ballots identified in the Republican primary is 860.    Counties have until June 7 to finish recounts, and until June 8 to submit them to the state.  

But this may not be the end of the story.  Because of the nationwide effort by Republicans to curb mail-in voting, falsely alleged to be the cause of wide-spread fraud, the case may end up in the U.S. Supreme Court.  Dr. Oz and the national GOP oppose counting the undated ballots, and may seek help from a higher, more friendly, court.   

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

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

The post American Democracy Minute for June 1, 2022: Undated Mail-In Ballots Case Impacts PA U.S. Senate Race appeared first on American Democracy Minute.