The Pennsylvania Supreme Court found The Republican National Committee, the National Republican
Congressional Committee and the Republican Party of Pennsylvania have standing in a case involving the counting of absentee and mail-in ballots with undated or incorrectly dated outer envelopes. The court has ORDERED the Pennsylvania county boards of elections to refrain from counting any absentee and mail-in ballots received for the November 8, 2022, general election that is contained in undated or incorrectly dated outer envelopes.
The Court was evenly divided on the issue of whether failing to count such ballots violates federal law. Therefore the court DIRECTED the Pennsylvania county boards of elections to segregate and preserve any ballots contained in undated or incorrectly dated outer
envelopes.
Below is the Official Document released by the Supreme Court of Pennsylvania
[J-85-2022]
IN THE SUPREME COURT OF PENNSYLVANIA
MIDDLE DISTRICT
DAVID BALL, JAMES D. BEE, JESSE D.
DANIEL, GWENDOLYN MAE DELUCA,
ROSS M. FARBER, LYNN MARIE
KALCEVIC, VALLERIE SICILIANOBIANCANIELLO, S. MICHAEL STREIB,
REPUBLICAN NATIONAL COMMITTEE,
NATIONAL REPUBLICAN
CONGRESSIONAL COMMITTEE, AND
REPUBLICAN PARTY OF PENNSYLVANIA,
Petitioners
v.
LEIGH M. CHAPMAN, IN HER OFFICIAL
CAPACITY AS ACTING SECRETARY OF
THE COMMONWEALTH, AND ALL 67
COUNTY BOARDS OF ELECTIONS,
Respondents
:
:
:
No. 102 MM 2022
PER CURIAM DECIDED: November 1, 2022
AND NOW, this 1
st day of November, 2022, upon review of the briefs of the
parties and amici, the Petitioners’ request for injunctive and declaratory relief is
granted in part and denied in part. The Pennsylvania county boards of elections
are hereby ORDERED to refrain from counting any absentee and mail-in ballots
received for the November 8, 2022 general election that are contained in undated
or incorrectly dated outer envelopes. See 25 P.S. §3146.6(a) and §3150.16(a).
The Court is evenly divided on the issue of whether failing to count such
ballots violates 52 U.S.C. §10101(a)(2)(B).
We hereby DIRECT that the Pennsylvania county boards of elections
segregate and preserve any ballots contained in undated or incorrectly dated outer
envelopes.
The Republican National Committee, the National Republican
Congressional Committee, and the Republican Party of Pennsylvania have
standing. Petitioners David Ball, James D. Bee, Jesse D. Daniel, Gwendolyn Mae
Deluca, Ross M. Farber, Lynn Marie Kalcevic, Vallerie Siciliano-Biancaniello, and
S. Michael Streib are hereby DISMISSED from the case for lack of standing.
Opinions to follow.
Chief Justice Todd and Justices Donohue and Wecht would find a violation
of federal law.
Justices Dougherty, Mundy and Brobson would find no violation of federal
law.