Category Archives: Supreme Court

Major Breaking News: Pennsylvania Supreme Court, with No Noted Dissents, Shuts Down Argument Under State Constitutional Law for Counting of Misdated/Undated But Timely Mail-In Ballots Before Election

absentee ballots, Supreme Court
In an unsigned order with no noted dissents, the PA Supreme Court has removed the considerable uncertainty that was generated when the lower court (the Commonwealth Court) issued an opinion holding that misdated or undated but timely mail-in ballots must… Continue reading

Democratic Party Files Brief in Pennsylvania Supreme Court, Asking It to Take RNC Petition and Summarily Affirm That All Undated/Misdated But Timely Ballots Should Be Counted in Upcoming Election (If Court Did This, It Could End Up at SCOTUS)

absentee ballots, Supreme Court
From the motion to intervene: This case presents a question of “substantial public importance.” 210 Pa. Code R. 1114(4). That question is whether the Pennsylvania Constitution’s Free and Equal Elections Clause, art. I, §5 (“Clause”), prohibits county boards of… Continue reading

Breaking: Supreme Court, on (Apparent) Party Line Vote, Allows Virginia Purge of 1,600 Voters Identified as Possible Non-Citizens (But We Know Some are Erroneously on This List)

Supreme Court
Here is the order: All the Republican-appointed Justices voted to allow the purge and all the Democratic-appointed Justices dissented. The argument was that this last minute purge violated the National Voter Registration Act’s ban on systematic cleaning of voting rolls… Continue reading

Republicans Plan to Go to U.S. Supreme Court Raising Independent State Legislature Theory to Seek to Block Pennsylvania Supreme Court Ruling Requiring Counting of Certain Provisional Ballots

absentee ballots, legislation and legislatures, Supreme Court
Are we about to see the Supreme Court weigh back into the application of the independent state legislature theory? Back on Wednesday, I wrote about a divided ruling of the Pennsylvania Supreme Court that required the counting of provisional ballots… Continue reading

Divided Pennsylvania Supreme Court, In Case Involving Mail-In and Provisional Ballots, Tees Up Potential Independent State Legislature Theory for U.S. Supreme Court

election administration, provisional ballots, Supreme Court
Genser v. Butler County Board of Elections involves a very particular issue under Pennsylvania law, but it raises a potentially larger one that could make it to the Supreme Court. To simplify just a bit: voters send in their mail-in… Continue reading