In early September, a 4-1 panel of the state Commonwealth Court ruled that undated mail-in ballot envelopes (MIBs) must be counted so long as they are received by election day. In a 91-page opinion, Judge Ellen Ceisler concluded that the Election Code requirement that the envelope be dated is unconstitutional. But hold on, said the state supremes in a per curiam order that was issued on September 13. Since the plaintiffs only bothered to name two of the 67 county boards of election, and they obviously are directly impacted by any ruling about how MIBs are counted, there never was subject matter jurisdiction. As a result, Judge Ceisler wasted 91 pages of very good paper. But the Court of Final Error was nice about it. Instead of reversing her, they VACATED her order, figuring she'd get the message.
She didn't.
In response to the High Court's Order, Judge Ceisler scheduled and actually conducted a status conference to encourage the Plaintiffs to quickly amend their lawsuit to include all counties. That way she could reinstate her September Order just in time for the Presidential election. I am truly amazed that a jurist would take it upon herself to act more like a litigator than an arbiter. So were evil Republicans, who cried foul in a motion filed with the state Supreme Court on Wednesday.
The state high court noticed.
In yet another per curiam order issued late yesterday, a yellow flag was thrown at the Commonwealth Court for its attempted end run. The Commonwealth Court has been ordered to dismiss the case.
On the merits, I happen to agree with Judge Cesiler. But she should have realized you can't issue an order binding all 67 counties when they are not named Defendants.
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