Supreme Court Vacates as Moot Third Circuit Decision About Counting Timely But Undated Absentee Ballots in Pennsylvania

Today’s order means the loss of a helpful precedent. Here’s how the cert. petition put the issue:

Pennsylvania requires voters to sign and date a declaration when they vote by mail. In a private lawsuit filed after a local election, the Third Circuit held that this dating requirement was preempted by the materiality provision of the Civil Rights Act of 1964, 52 U.S.C. §10101(a)(2)(B). That decision “is very likely incorrect,” as three Justices have explained, and “could well affect the outcome of the fall elections.” Ritter v. Migliori, 2022 WL 2070669 (U.S. June 9), at *3, *1 (Alito, J., dissental). Though petitioner planned to ask this Court to review it, he couldn’t because the election ended and the results were certified. So the Third Circuit’s decision will continue wreaking havoc, but this Court cannot review it on the merits.

The question presented is:
Should this Court vacate the Third Circuit’s decision under United States v. Munsingwear, Inc., 340 U.S. 36 (1950)?

Share this: