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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Provisional Ballot Challenge Withdrawn in NorCo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 But now that Casey has finally thrown in the towel, McCormich has withdrawn his challenges in NorCo.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). 

12 comments:

  1. I’d be a ‘no’ on all three. Each provision is there to reduce the chance of fraud and is integral to conducting fair elections.

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    1. Agreed. Category #1 - Can’t wait in-line? Poor planning on voters’ part. Everyone knew turnout would be huge. Should have used the mail-in option if it was going to be a problem. Categories #2 & #3 - Rules exist for a reason. If you think rules are stupid or unclear, work the system to get the rules changed.

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    2. 9:15, The statute does not mandate that the provisional ballot be signed by the JOE and Minority inspector. So basically, you are taking away a valid vote. As for the requirement that the ballot be signed by the voter, that is mandated twice and the statute specifically states that vote may not be counted. There is no legal basis for rejected votes simply bc they have not been signed by elections officials. Every court that has ruled on this point has ruled in fqavor of the voter.

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  2. harris was a loser going in, casey was tossed for doing nothing since 17. Get over it

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    1. You have no idea what Senator Casey did for children, senior citizens and the disadvantaged. His quiet demeanor and working behind the scenes cost him because his campaign did not tout his record. He’s the antithesis of Trump when it comes to character.

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  3. Of course you would allow these votes. Because they are mail in ballots and chances are they are for the Democrat. They are still counting ballots in California. Seriously WTF. They keep counting until the democrat wins which is what Casey was trying to do. Bob Casey is an election denier

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    1. While they’re counting there is an army of paid Democrat operatives going around “curing” ballots in California. The close house races there come down to a few hundred votes.
      Florida is like a well oiled machine every state should be like that.

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    2. The questions I pose have nothing to do with California or Florida.

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    3. But they do Bernie. None of this shit goes on in Florida or Georgia. The commissioner openly defying the law in Bucks. This counting going on weeks after Election Day. I also see you are selective in posting my comments. I didn’t know censorship was part of your game.

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    4. The questions I pose have ZERO to do with Fl or Cal. Your comments are off topic, I asked specific questions, and you don't answer them but instead bray about other states. And by the by, the election results were pretty much known on election night. What we are dealing with now is the canvass, which is also done in the states you mention and takes time. This is what leads to the official certification, something you fail to understand.

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  4. Florida can have its votes counted within 3 hours, and here we are-again! Casey was an empty suit for 3 terms, only there because of his daddy. Until we have Voter I.D. we're going to have these problems- stop gaslighting minorities that they can't get an I.D.

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  5. Truly a display of disrespect for the system by Senator Casey and those in the counties that tried to count “illegal ballots”. Appalled at Bucks County. The Scott Preslar video in which he addresses them is fantastic. Way to go Scott! 🇺🇸

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You own views are appreciated, especially if they differ from mine. But remember, commenting is a privilege, not a right. I will delete personal attacks or off-topic remarks at my discretion. Comments that play into the tribalism that has consumed this nation will be declined. So will comments alleging voter fraud unless backed up by concrete evidence. If you attack someone personally, I expect you to identify yourself. I will delete criticisms of my comment policy, vulgarities, cut-and-paste jobs from other sources and any suggestion of violence towards anyone. I will also delete sweeping generalizations about mainstream parties or ideologies, i.e. identity politics. My decisions on these matters are made on a case by case basis, and may be affected by my mood that day, my access to the blog at the time the comment was made or other information that isn’t readily apparent.