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Nazareth, Pa., United States

Monday, November 25, 2024

Provisional Ballot Challenge Withdrawn in NorCo

As we all know, Senator Bob Casey has conceded in the race between him and Dave McCormick. I wish he had done so far sooner instead of insisting on an expensive recount and spawning litigation in numerous counties over challenges to provisional ballots. But now that Casey has finally thrown in the towel, McCormich has withdrawn his challenges in NorCo. He did so late Friday. Presumably he will be withdrawing them in several other counties as well.

This is good and bad. Now that the objections are off the table, NorCo can go ahead and certify the election. What's bad is that some of the questions raised by these challenges are unresolved. We'll be getting no answer from Judge Dally because there's no longer anything in front of him. So let me ask you how, if you were a judge, you would answer these three issues. You can read my summary of points made by the litigants here. 

1) Should the Court accept provisional ballots from 5 voters who checked in, but were unable to stand in long lines to vote by machine because of work and doctor appointments, especially when the Judge of Elections testifies they did not vote on the machine?

(I would have allowed these votes)

2)  Should the Court accept provisional ballots from 26 voters who failed to sign the provisional ballot envelope, even though the judge of elections and minority inspector attested to these nonexistent signatures, when the elections code states that these ballots must be signed at two separate locations and specifically adds that the vote shall not be counted if either signature is missing?

(The law is very clear and we are also bound by the Supreme Court's own ruling on this point.)

3) Should the Court accept 164 provisional ballots properly executed by the voters, when either the Judge of Elections, Minority Inspector or both failed to attest to the electors' autographs, especially when the law does not really specifically mandate these signatures? 

(I would have allowed these votes, as Lehigh County did. A voter should not be penalized for mistakes made by elections officials, and it's unclear to me whether elections officials were really required to attest to the provisional ballot). 

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