Among the 75,000+ MIBs processed by NorCo elections officials, 38 were rejected for apparent technical reasons. In some cases, the voter failed to sign the ballot. Others were naked ballots, i.e. ballots that the voter forgot to place inside a secrecy envelope. Attorney Gary Asteak, representing Democrats, sought the identity of these voters so they could at least submit provisional ballots. This was opposed by Attorney Michael Snover, husband of GOP party boss Gloria Lee Snover. President Judge Michael Koury denied a request to muzzle the elections office.
Snover has taken this matter to the Commonwealth Court. He appealed Judge Koury's denial of injunctive relief late Thursday.
It's pretty clear county Republicans want to disenfranchise as many MIBs as they can because they are mostly going to Biden.
Judge Koury has issued an opinion explaining his decision to allow the Elections Board to release the names and addresses of voters whose mail-in ballots (MIBs) were canceled.
The Elections Code prohibits the early release of election "results", and the County GOP contends this disclosure violates that proscription. Democrats counter that names and addresses are just that, with no indication how a person actually voted.
Judge Koury notes in his Opinion that Republicans seek preliminary injunctive relief, including a showing of "immediate and irreparable harm." Judge Koury concludes this is where they founder.
"[T]he Northampton County Republican Committee would not be harmed in any way by allowing these votes to be cast by provisional ballot because they can be challenged after the election on the ground that disclosure was prohibited under the statute. In contrast, preventing these affected individuals from casting provisional ballots would constitute substantial and irreparable harm because those individuals who took a number of affirmative steps in an effort to vote in this election would have their votes invalidated without any real opportunity to cure its deficiencies."
Judge Koury adds that the GOP failed to call a single witness to show immediate and irreparable harm. Having failed to establish this prerequisite to injunctive relief, he denied it.
Originally published 11/6 at 12:07 am