Category Archives: absentee ballots

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

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)

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: Injected New Uncertainty into Pennsylvania’s Voting Rules, Intermediate Appeals Court Rules over Dissents that Failing to Count Undated or Misdated But Timely Mail-in Ballots Violates the PA Constitution: What Happens Next?

You can find the opinions and dissents at this link. This specific question comes up in the context of a special election, now over, in Pennsylvania, but it’s the same issue that the PA Supreme Court recently declined to opine… Continue reading

Fifth Circuit in Bonkers Opinion Holds It Violates Federal Law for Miss. to Accept Ballots Postmarked by Election Day But Arriving After Election Day; Decision (for Now) Won’t Be Applied to This Year’s Election (Which Has Already Started)

You can find the opinion here, coming from the most radical panel of the judges on the Fifth Circuit (and that of course is saying something). I am on multiple deadlines, so a full analysis of the merits will… 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

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

Votebeat Investigation of Arizona County Rejection of Mail-In Ballots for Signature Mismatches Finds Fault in Use of Signatures Captured on Electronic Pads at DMV, Hurts Younger, Older Voters

Great Votebeat investigation: That’s especially true in Maricopa County, the largest county in Arizona and a focal point of false claims about election fraud. Under a more stringent review process, the number of ballots rejected in the county for… Continue reading