Northampton County's Elections Comm'n has been sued by Dave McCormick as well as state and national Republicans over the Comm'n's decisions to count 22 provisional ballots missing the statutorily required signature of the voter as well as 73 provisional ballots that failed to include the required signature of the judge of elections and minority inspector. (You can read the Petition for Review below)
Provisional ballots are paper ballots cast at the precinct on election day. They are used when a voter's eligibility to vote is questionable and also when a voter decides to spoil a previously requested mail-in ballot so he or she can vote in person. The voter's eligibility is determined during the canvass that follows voting on election day.
In what is technically called a statutory appeal, McCormick argues that the Elections Code unambiguously requires that affidavits to provisional ballots "shall" be signed by the elector, judge of elections and minority inspector. This is mandatory, not precatory.
In addition to violating the plain language of the Elections Code, Republicans argue that the Elections Comm'n violated the Equal Protection Clause in both the state and federal constitution. This is because some counties have followed the law, resulting in varying standards from county to county about what exactly is a valid vote.
President Judge Craig Dally has scheduled a hearing on the statutory appeal for Thursday, November 21, 11 am, Courtroom 5.
In a related matter, the Pennsylvania Supreme Court on Monday ruled 4-3 to direct county boards of election that undated and/or unsigned mail-in ballots must be rejected. This will be the third time the Supreme Court has made this decision in this election cycle. Governor Josh Shapiro, a Democrat, agrees with this decision. He believes that ignoring the plain language of the Elections Code undermines public confidence in our election system.
Justice David Wecht, another Democrat, sided with the majority. Quoting Justice Felix Frankfurter, he reasons that [i]f one man can be allowed to determine for himself what is law, every man can. That means first chaos, then tyranny. . . . The greater the power that defies law the less tolerant can this Court be of defiance."
39 comments:
So, is this the third election the McClure gang has screwed up? He is so lucky the Norco republicans are in complete disarray. No wonder people don't trust him and Bubbles Barron with a $65 million bond.
Like the Montco commissioner that urged democrats to break the election law if they don't like it. What a mess. Her dumb disgusting comments were what you would expect form the wicked witch of Palmer, Kelly K.
Rogue scumbag election denying lawbreakers. Arrests should be made. Who knew it and when did they know it? Who approved it? What were the communications with the Harris and/or Casey campaigns? Let's have transparency, right open government guy?
This is getting tiresome. The rules for completing a ballot are simple and straightforward. And they are written in plain English. Some voters either don’t pay attention or maybe are not conversant in English.
McCormick hasn't even taken office yet and he's already getting more work done for PA than the Flighty Casey ever did.
What was the vote by the Commission? 3-2? Who were the McClure appointees voting fot or against? Who is the Solicitor advising them to violate the law?
Too many democrats in Northampton County are bad news --the country is changing because of Trump Who tells it like it is compared to democratic politicians and the Media who is so bad they are not fair and balanced.
Give it up dems - your horses lost big time - get better candidates' next time
Here we go again Northampton County is full of people who lie and cheat and you Bernie being left wing hide this crap by throwing out good information that people should know about. but then again you are part of the Fake media that helped to get us in this jam that President Trump will get us out of.
Shapiro - looking to 2028
Josh Shapiro is a weasel. He should have stepped in a long time ago and made sure the counties were NOT counting those ballots.
He is in charge of administering elections in the state, and he is overseeing the attempt to steal the Senate seat.
Sounds like Democrat Counties are conspiring to under mine Our Democracy or is this what a insurrection looks like? Let the trials begin...
insurrection
/ĭn″sə-rĕk′shən/
noun
A rising against civil or political authority, or the established government; open and active opposition to the execution of law in a city or state.
This sounds like a threat to democracy. These people that broke the law should be charged and see their day in court. This proves Democrats cheat and they don't need voters they just need ballots. I can't imagine what goes on in California and New York.
Two things:
1) The judge of elections at at least one precinct explicitly stopped people from signing in the second box so one entire precinct had no valid provisional ballots due to the error of the JOE. This was reported by several of the provisional voters and evidenced by the fact that someone started to sign and never finished. And 78 of the provisionals were thrown out because the judge of elections, not the voter, didn't sign. Why are we disenfranchising voters because judges of elections made mistakes instead of getting the judges of elections to validate and "cure" them?
2) The Democrats pushed for every ballot - Republican, Democrat, and Independent - to be counted that possibly could, knowing that the R and I ballots would most likely be against them. The Republicans only challenged the provisional ballots missing a signature if it was a Democrat that completed it. Even if all of these ballots count, they aren't going to change the result of a single race. This isn't about following the law or they would have challenged all of them. This is about disenfranchising Democratic voters.
"The voter's eligibility is determined during the canvass that follows voting on election day."
Huh...if only there was a way to determine eligibility before or at the time of voting...maybe some sort of card you have to show...
I suspect this item will not get a big response from your Trump loving readers, because they just don’t care. It’s a shame that Pennsylvania will be represented by a non- resident multi-millionaire, but Trump is at the front so all is well. I doubt if many readers bothered to learn about the candidates in the Senate race.
Eligibility is based on more than showing an ID card. The person might be in the wrong district or may not be registered at all. I have no problem with voter ID, but you betray your ignorance when you state that voter eligibility is determined conclusively by showing a driver's license.
"Governor Josh Shapiro, a Democrat, agrees with this decision. He believes that ignoring the plain language of the Elections Code undermines public confidence in our election system. "
Except he falsely claimed that a lack of clarity is what caused these election offices to incorrectly count illegal votes...despite the fact that the Bucks County people flat out admitted they were violating the law...there was no lack of clarity
8:18, It makes no difference whether this is on the JOE, the language of the statute is very clear.
I have to disagree with your legal analysis on this point. I think that it's perfectly reasonable to hold a voter accountable when he or she fails to sign a ballot, whether provisional or VBM, and the law reflects this policy choice. The problem comes when the government, in the form of the Judge of Elections, makes the error. I those cases, it makes sense that the voter who is disenfranchised through no fault of their own, should have his or her vote counted. I believe to do otherwise is to elevate form over substance.
Bernie, You are a lawyer. Can the new PA Attorney General charge these people and give them their day in court? They openly defied the PA supreme court and were dumb enough to voice it openly. If so the PA AG should investigate and charge them.
So a judge of elections failed to sign provisional ballots? That is not on the voter. Is there a pattern here?
12:30, This is hardly a screw up. It is a well-intentioned effort to ensure that every vote counts. Unfortunately, the requirements of the Elections Code were not met due to failure to sign the affidavit on the outer envelope. This is a fatal error. I am also concerned that of each county is allowed to interpret the law differently, we are going to have disparate results bc some counties follow the statute while others ignore it.
I get your point. Of course we are exalting form over substance. There are numerous examples of that in the Elections Code. For example, when a candidate files his nomination petition, he is required to submit a statement of financial interest with his petition and file a copy with the clerk of the office he seeks to hold. Many times, candidates forget to do so, and this purely harmless error has been consistently held to be fatal by the courts bc the law is mandatory, not something that is merely directory. The fact that the candidate receives bad advice from his campaign manager is irrelevant.
Here, it is very unfortunate that a JOE would refuse to allow voters to sign the affidavit. But that is irrelevant to the question whether the language of the statute was met. It points to a need for better training, not to an excuse for ignoring the plain language of the law.
Also, I think that when a voter casts a ballot provisionally, that signature is extremely important. It is a verification of voter intent. You simply can't ignore the law.
No, don't be ridiculous. There is no criminal intent here.
Not hearing much from those who support this
Too bad this can be ironed out going forward without wasting tax payer money on a law suit. So much for the fiscal conservative party.
11:31, Unfortunately, it is bc of the way the law is written. It is MANDATORY. Given how the Supreme Court has ruled on the related issue of mail-in ballots - three times now - I don't see any way around this. We are not dealing with justice or equity, but the law, which sometimes can be unfair and that's why we have legislatures. If a law is unconstitutional, that is why we have courts.
Mr. O’hare: Recalling your post a few months back about voting machine validation and logic testing, and election staff training, I posted a comment which advocated scenario-driven, in-person training. I also supported your proposal to test the machines at polling places the day before the election but cautioned about maintaining security throughout. Now, the Northampton controversy is being described as, “points to a need for better training, not to an excuse ... .” or words to that effect. Training? Did the curriculum include provisional ballot procedures specific to these signature requirements? If in-person training occurred, were there discussions or exercise scenarios covering this topic? Curricula and training records should answer these questions. The County should get ahead of this aspect, and clarify whether the training is indeed so deficient. Does this judge have previous exposure to provisional ballots, and how were they processed? If posters are concerned with party identification affecting ballot processing, how would a judge in a general election know, without personal relationship to the voter, or the voter advertising their affiliation? In a primary, party might be easily identifiable. I’m a little reluctant to presumptively chalk it up to “training” or a counterculture “the system,” especially if a prior commenter’s account, that signatures were denied despite voter concerns, is true.
We've been represented by an empty suit for the last 18 years!
Casey is by far, 1 of the worst Senators- even below Uncle Fester!
Thank you. Technically speaking, a judge of elections could exercise unilateral process and simply decide not to sign provisional ballots rightfully completed by a duly eligible voter.
Oh, yes, much better for PA to be represented by a stuffed shirt who’s done nothing in the senate for 18 years other than wield a rubber stamp for all things woke and left wing!
Another reason why I’m no longer a Democrat. What shame Casey has brought to the party and his family name.
That non resident multimillionaire was born and raised in PA. Was a standout wrestler at Bloomsburg High. Captain of the wrestling team at West Point. Earned a Bronze Star with valor for his service during Desert Storm. He’s twice the man Bob Casey will ever be. Period.
Shapiro was quiet until he was finally forced to make a statement. Kudos to Judge Wecht.
The endless attacks on Gov. Shapiro by Rs when he actually agreed with them, tell me one thing. They are afraid of him and should be. This post is about provisional ballots not your fear of Governor Shapiro.
3:01, I believe that reader's comment to be true or at least partially correct. There is no doubt in my mind that JOEs will make this kind of mistake. I have been part of the training for JOEs when I served in the last presidential, and I can tell you that provisional ballots are covered and there is even more detail in a handbook provided to elections workers at each precinct. But it is something done twice a year. There are always new people shuffling in and out. I know that I always had difficulty remembering precisely how to set up the voting machines. I had provisionals mastered bc that is more in my wheelhouse, while others might be bothered. This did not just happen in NorCo, but throughout the state.
Since McClure told the Election Commission through his appointed lawyer for them, that they had no choice but to approve whatever result he wants. Why are they getting sued and not McClure? They have no authority.
you are a lawyer but after that statement not a good one. No intent? She openly admitted to breaking a state supreme court decision.
Casey is a disgrace, costing taxpayers $1 million to do a useless recount instead of conceding gracefully. And by the way, why does it cost an average of $15,000 per county to do a simple recount?
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