1) It grants a three-day extension for mail-in and absentee ballots mailed by 8 pm on election day. So long as these ballots are received by 5 pm on November 6, they will be counted. The Court estimates three million votes will come through the mail, twice the number in the primary.
2) It directs the removal of Green Party candidates for President and Vice President. Both Lehigh and Northampton County election officials can now start printing ballots, which will be going out no later than the first week in October.
3) It authorizes the use of drop-boxes at which voters can hand-deliver their ballots. Lehigh and Northampton County both maintain drop-boxes at their government centers.
4) It rejects an argument that would require county elections offices to contact voters who send in ballots without the required voter's declaration. Northampton and Lehigh Counties have both attempted to contact voters who made this mistake in the primary.
5) It holds that "naked ballots," i.e. ballots that a voter fails to place inside a secrecy envelope included with the ballot, must be rejected.
6) It concludes that poll watchers, appointed by the parties or candidates, must be residents of the polling location's county.
Basically, these rulings give half a loaf to both sides. Democrats get a three-day extension, drop-boxes and removal Green party candidates. Republicans wanted a ban on naked ballots. According to The Inky, this could cost Biden the election in Pa. Philadelphia officials have suggested that as many as 100,000 ballots could be rejected for that reason. Considering that Trump won Pa. by about 45,000 votes in 2016, this could really hurt. The court also states that ballots in which the voter makes a mistake on his voter's declaration or that he simply forgets to to sign it must be tossed. No attempt may be made to contact the voter and give him or her an opportunity to cure the defect.
Republicans are unhappy with half a loaf. They want more, and have asked the Pa. Supreme Court for a partial stay of its rulings while they take the matter up with the US Supreme Court, which now is minus Ruth Bader Ginsburg.
The Election Code’s deadline for receiving mail-in and absentee ballots is no later than 8:00 p.m. on Election Day. But it also gives the Courts the authority to extend deadlines for natural disasters or emergencies. Justice Max Baer concludes that the pandemic, along with mail delivery delays, justified a three-day extension. Moreover, he rules that even ballots with no postmark at all must be accepted and counted "unless a preponderance of the evidence demonstrates that it was
mailed after Election Day." It will be presumed to have been mailed on or before November 3.
Republicans believe this is completely contrary to federal law, which sets aside one day, not three, for a Presidential election. They argue that Justice Baer
... functionally enables votes that are cast after election day to be counted if no legible postmark is placed on the envelope. This creates a scenario where votes will be cast and counted on days after election day, and is especially troubling given this Court’s sanctioning of unmanned, unsecured dropboxes in contravention of the statutorily-defined procedures for mail-in voting. The casting and counting of ballots unquestionably constitutes an “election” under federal law. Accordingly, this Court’s decision creates multiple federal election days, including after Election Day, and raises the same concerns of fraud, undue advantage, and non-uniformity which led to the creation of a Federal Election Day.I have problems with this ruling myself. Pennsylvania's General Assembly is well aware of the problems caused by both the pandemic and a postal slowdown. They easily could have provided a legislative remedy, but decided against it. So although this is not the basis for a constitutional appeal, the Pa. Supreme Court was, in fact, applying a legislative fix. As much as I agree that such a fix might be necessary, it is not their job.
26 comments:
As far as I’m concerned, Election Day means Election DAY. Ballots are cast on, or before, this day. Votes received without proof of being cast by the conclusion of that same day missed the deadline prescribed by the Federal Constitution are not valid, and not counted.
An official postmark is required on all ballots submitted by mail as proof the vote was made before the deadline.
A change in election law due to Covid is not necessary. There is no need to go to a polling place in person, but there IS a requirement to place your vote into the final vote total on, or before, the close of Election DAY. That requirement can be met by any eligible voter, even if ill, or afraid of becoming ill.
Ballots must never be allowed to “trickle in” and change the final vote count by fixing the result after the fact.
We know how this works with Democrats.
Trump wins Pennsylvania by 25,000 votes. Two days later a box filled with 25,001 Democrat mail in votes get found in a box in North Philly.
Trump wins Ohio by 30,000 votes. The next day 30,001 Democrat mail in votes get found in a bag in Cleveland.
I predict 25% of all Democrat votes will be from deceased Americans.
Mike Bloomberg is in Florida, validating the felon vote with money. Biden employing 600 attorneys nationwide to contest a Trump victory.
All on the heals of 3.5 years of false accusations of Russian collusion, and current threats to re-impeach Trump for something....or anything.
And you wonder why that third Supreme Court judge is going to get rammed through.
Pack a lunch and thermos and show up. This process took years to bring under control in the few states that have it. This is going to be a dirty shit show. The ballots will be counted until the radicals in charge get their desired results. Remember, they don't trust voters. They said so and it was reported on this blog.
Today’s Democrat Party has been taken over by radical Marxists. Leaders of this movement, or Revolution to forever change America, are establishing a stage on which to cheat and steal the upcoming election. If you believe in democracy and enjoy freedom, liberty, and the rule of law, you must prevent these plans from succeeding. The futures of your family are in jeopardy without a trustworthy system of citizen voting.
Wake-up to what’s taking place, do it NOW !
What kind of citizens do we have that either can't get their butts to the polls or mail a ballot in time? Come on, I see you folks out shopping and eating out and vacationing but either getting to the polls or mailing a ballot in time is beyond you. There is a place for absentee ballots and for work or health concerns, but, really? All this hysteria from many of you who probably do not regularly vote. Yes, this election has come at a volatile time but we have had volatile times in past. Somehow we got it done, but then, again, who would have any perspective as history in schools has taken a back seat to everything else. Every election should be a priority.
our so called goverment can't run an election so so sad
This election will be a real cluster (you fill in the blank). Lock the doors at 8:00 pm. and do not allow any late mail in ballots to be counted. The County should be responsible to get the mail in ballots out with enough time for the voter to get the ballots back before the deadline. If potential voters do not sent the ballots back in a timely manner to insure their votes are counted, that's the same as not voting.
As a moderate, I am pretty sure I am done with the GOP for the rest of my life. The current hard swing to the right is the type of thing they write about in history books. Its dangerous and frightening.
For the first time in my life, as they have packed the courts (in a shameful fashion), we will now watch fellow Americans LOSE rights as the Party feeds cases up to the SCOTUS to have things overturned. As someone with a pre-existing condition, that is terrifying. As a businessman, they are completely dismantling the global free trade infrastructure THEY BUILT and I try to work within to provide goods and services. So much for capitalism...
This grab is purely to ensure the current president remains in power. And the facts are simple, the majority of the nation at base numbers doesn't want him. GOPers will then remind you that is why we are a Republic. But a true student of history knows that this has its roots in pre-Civil War America where southern states tried to maintain political power despite a MUCH larger population in the North.
At this juncture- everyone just needs to go out, stand in line and vote. One way or the other, this election is going to be contested as rigged, even if we all go stand in line for the day. And the courts, appointed by the very ruling party- will likely hand the election over.
Tell me we don't look like Russia or China now....
This is pure insanity it should make everyone think twice about their vote. Election day has rules for years. As said everyone who cares can vote timely to avoid the insanity that will happen if you can't vote early. Your vote shouldn't count. I for one don't want to wait one day to find out our president for the next four years. And I pray for this country it's not a socialist marxist who wants to change the constitution.
I think 7:55 gets his/her information from a news outlet following CNN standards of conduct.
This is not packing the Court. The goal is to continue as a 9 Justice panel. When one Justice passes away, a new one is appointed. Common sense indicates every Justice must make decisions in fidelity with our existing American Constitution. Our Senate determines which appointee
best fits that requirement.
@9:43 - And where are you getting your information? Make all the excuses and rationalize what the Republicans are doing with SCOTUS, but you absolutely know and see the hypocrisy that is on full display here. I am positive if roles were reversed, and Schumer pulled what McConnell did in 2016 and doing now, you would absolutely be blowing a gasket.
I thought Harry Reid screwed the pooch back in the day, McConnell has doubled and now tripled down on that.
I am sure Biden will downplay it thru November, but if/when he wins, and the Senate flips - you absolutely best be happy with whatever results from it because you got your dream of 6 conservative judges on the court, but you haven't seen the bill for it.
Enjoy having DC and Puerto Rico statehood crammed down your throat. And for dessert, enjoy an expanded Supreme Court.
Rest easy, 10:23. If the Democrats retake the majority of the Senate, and if a Supreme Court Justice passes away during their time in control, I fully expect the individual nominated, if the President is a Democrat, will be someone the Democrats will approve of and vote for. That's just the way it works. You'll get no complaints from me!
My knowledge comes from many sources, certainly not a corporate-owned network. No, not even FOX. Learn directly from the actions and words of the event's participant. Not any third party interpretation.
How do you get a postmark on a ballot that is deposited in a bin, rather than going through the US mail?
There have been some delays with mail delivery in recent months, I understand that has been remedied by the Postal Service adjustments to its procedures?
There are problems with mail-in ballots, especially this whole scheme to mail them to people who have not specifically requested them. What I can't figure out, why is everybody and his mother after us to use mail-in ballots? I cannot understand why I have received four robo calls from members of the Trump family urging us to request absentee ballots. They did not say, if you cannot get to the polls, then please request an absentee ballot, they just said...DO IT!
One bright spot, Northampton County told me, after my mother passed away, and I called them to stop her absentee ballots, that they have somebody actually reading the obituaries, and cleaning out the voter lists based on the info in them.
Only way to do away with mail-in voting is out cheat the cheaters and beat them at their own game. Then they will come up with some other scheme to win elections. We all voted the same way for 100's of years, now ever since Florida in 2000, when they tried to punch fists full of ballots at once we have had one new method after another. All votes should be in person, unless sick or out of the country.
November 2nd has always been, now 3rd 4th and 5th will become the three dollar bill of voting.
I don't like any of them. But what I do love, is our country. And right now the biggest danger is this:no peaceful transition of power, chaos and potential mass civil unrest and God forbid, a civil war. The president has spent the last several months sowing seeds that no matter what, under all circumstances, the election is going to be rigged and stolen away from him. Even if you take away the pandemic induced mail-in voting situation, he would still claim rigging if he loses.
He and his political machine have brainwashed literally, millions, of citizens of this country into thinking that the election is going to be unfair no matter what. The same way that they are painting anyone progressive as "socialist" and "radical" for even being at current baseline American liberal. He is establishing "The Other" in illegal immigrants, cities and urban dwellers and now progressives.
The courts have for months, if not years, been appointing judges and soon a SC Justice that will fall in line with both the GOP and him. The GOP is already, as this blog points out, challenging aspects of this elections legality. It will run through courts where they will find in favorite OF THOSE WHO WERE PLACED BY HIM.
Protests will be met with police violence again and he will paint protestors as radicals, even if peaceful, by focusing on the trouble makers. He will get the court rulings and be installed for another terms.
Then, if he loses by a large margin, as previously noted multiple times in news outlets- "the militias" are promising to arm up and come in to the rescue.
This GOP is all about maintaining white, christian control. And now they are willing to do it by any means necessary. I think it was said correctly earlier- this is the type of stuff that is happening in Russia (dissenters being poisoned) and Belarus currently.
We are on the very of a constitutional crisis and we have a wannabe autocrat who wants to remain in power and out of the closet fascists who would rather live under a strongman and squelch dissent than have the system we currently do.
This is a slow motion takeover of our government to make sure a that the changing demographics of the country and changing belief structures of the majority of citizens do not put this aging minority out to pasture.
All very dangerous stuff. I feel very, very depressed for my kids.
Everyone, it is time to make Election Day a national holiday,
I could support Election Day as national holiday. Great idea, 9:22.
Remember this, the total number of votes cast by the end of every Election Day is recorded by computer on an up-to-the minute basis. It is possible to know where every contest stands to that hour. That means, bad actors in high places will know where the close races actually are across the nation.
With this knowledge, would-be cheaters can focus their efforts over every added day to swing the election in the direction they prefer. They might only need a thousand, or less, fraudulent votes to be counted over the following few days to “fix” who wins the office. To nullify YOUR honest vote!
Why make the conditions in which the criminals operate easier? That makes NO sense. These extensions must not be allowed.
September 23 at 8:12 PM. I feel sorry that you may have poisoned the minds of your children with such nonsense. Trump is not an autocrat. If you want to show your kids an "autocrat" just point them to the actions of Wolf. Cut me a break with all your gloom and doom. Go build a windmill somewhere and power the mill with the exhaust from your hyperboles. We will get through this even with all you gloom and doom folks out there.
Was catching up with a high school friend the other day, she immigrated here when we were in the 7th grade from Eastern Europe. Her family moved to the US because when the USSR dissolved, their country had multiple "free elections" where the new government was just Soviet holdovers and the president was the same. They used the judiciary, legislature and police to continue to maintain almost the same power structure. The last straw was when an opposition leader legitimately won and the machine kept old Soviets in place. That was the last straw and her family moved here.
She was very stark and said "It was a quiet coup then, it could become a quiet coup now".
I think we should all digest that for a moment, someone escaping old Soviet territory for freedom is now seeing the writing on the wall here in America.
There is the potential, note- I say potential- that the president and the GOP may use the infrastructure they have put in place over the past 4 years through the court, propaganda and otherwise to try and perform a quiet coup this upcoming election.
Is it really so hard to get out and vote on time? Or vote by mail? Or have someone come fill out your ballot for you? (sarc).
Get it in. On time.
Yeesh, this is like babysitting.
So hard to understand how people don't see that it's Bidens team doing this not Trump's. They want to change our country
Vote in person - and vote Biden. America will send a loud and clear message, that Trump and his true believers are morons and should go back under the rocks where they came from.
Trump said yesterday in his press conference when asked about a peaceful transfer of power... "We're going to have to see what happens."
Love him/hate him, this is exactly why he needs to go. What sort of leader says something like that? He delegitimizes EVERYTHING with that statement. He wins, he loses, NOBODY will trust the results no matter what. @8:12's post may be very close to reality.
And the other side called for riots in the street if Biden doesn't win
The most important aspect of voting is that everyone is encouraged to vote in whichever form they choose and feel most secure. Anything less is simply voter suppression, either subtle or outright purposeful. It is a fact that Trump encouraged the slow-down or sabotage of the USPS by DeJoy. The purposeful destruction of sorting machines is so clearly a tactic, that to argue against it would be sheer stupidity. So if a ballot is postmarked by election day, allowing three more days to count it, is more than reasonable considering the loss of confidence caused by these subversive activities. For the Republicans to oppose this in light of the actions mentioned above, is totally unfounded and unfair. And actually, it is very difficult to trust the intentions and words of the Republican party these days, whether that be in Harrisburg or Washington. No matter how they try to spin it, the Republican Senate reaction to the SCOTUS Justice nominee is hypocritical and shameful - but power grabs do not allow for shame. Look at how the Republican leadership in Harrisburg completely ignored the bill to end gerrymandering after they had received the most grass-roots and legislative support of any bills in the last two sessions. Cutler, Di Santo and Everett basically thumbed their noses at this legislation and then turned around to create 7 judicial districts which no doubt, will. be gerrymandered and bring way too much politics into the judicial branch. So, let's hope that Republicans suffer many loses and realize that their party is in decay and needs to be reinvented. Facts matter....and the truth hurts!
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