Friday, June 10, 2022

Supreme Court Permits Counting PA Mail Ballots With Missing Dates

The Supreme Court on Thursday, cleared the way for Pennsylvania Election Officials, to count Mail-in-Ballots whose Envelopes are Missing a handwritten Date, as required by State Law.

The disputed Ballots relate to a contested 2021 Judicial Election, but the broader Legal Fight over Mailed Ballot requirements could have implications for Future Elections in the State, including the upcoming Midterms.

The Court’s Brief Order Thursday, did Not provide a rationale, but the Court’s Three most Conservative Members wrote in Dissent.

The Justices’ latest move comes after the Supreme Court last week, Temporarily Blocked a Lower Court ruling that instructed Election Officials in the Keystone State, to count Mail-in-Ballots that arrived on time, but lacked a Handwritten Date, which is required by State Law.

That Ruling, by the U.S. Court of Appeals for the 3rd Circuit, found that the Pennsylvania Law that required Mailed Ballots without a Date to be Discarded, Violated Federal Election Protections.

Justice Samuel Alito, who handles Emergency matters arising from Pennsylvania, issued a brief Administrative Stay, of the 3rd Circuit Ruling last week, to allow the Justices additional time to consider more Formal Action in the Case.

The Thursday Order effectively Reinstated the 3rd Circuit Decision, over a Dissent by Alito, joined by Justices Clarence Thomas and Neil Gorsuch.

“When a mail-in ballot is not counted because it was not filled out correctly, the voter is not denied the right to vote,” Alito wrote. “Rather, that individual’s vote is not counted because he or she did not follow the rules for casting a ballot. Casting a vote, whether by following the directions for using a voting machine or completing a paper ballot, requires compliance with certain rules.”

But, what if the Law did Not make any sense? The most important Date is the Post Office Delivered Date. I would also add, if that Date is missing, the Ballot is still Counted, as it is Not the Voters Fault.

NYC Wins When Everyone Can Vote! Michael H. Drucker

No comments: