Free Republic
Browse · Search
Bloggers & Personal
Topics · Post Article

Skip to comments.

Election-Shaking Defeat for Democrats in Pennsylvania Over Mail-In Ballots: PA Supreme Court Decides that that mail-in ballots that violate the law regarding improper dating should be separated off and not counted.
Red State ^ | 11/02/2022 | Bonchie

Posted on 11/01/2022 8:36:13 PM PDT by SeekAndFind

An election-shaking decision from the Pennsylvania Supreme Court appears to have averted a brewing constitutional crisis. The state’s high court has found that mail-in ballots that violate the law regarding improper dating should be separated off and not counted on election night.

In October, I wrote a piece detailing the attempted flaunting of the law by Democrats, nothing the arbitrary and lawless nature of counting invalid ballots.

As RedState previously reported, the Supreme Court vacated a state court decision requiring Pennsylvania to count un-dated mail-in ballots. The plain letter of the law requires that a mail-in ballot must be filled, signed, and dated in order to be counted. Despite that, Democrat state officials have pledged to defy the law, giving guidance to counties that they not only should un-dated ballots be counted, but they aren’t even required to be sequestered pending further legal action.

Their reasoning? That voters shouldn’t be disenfranchised based on a “technical violation.”

Who gets to decide what “technical violations” can be ignored? That would seem to be a dangerous road to go down in regards to simply shunning the law based on an arbitrary judgment by a partisan state official. Pennsylvania’s mail-in voting law isn’t ambiguous. It pointedly says that ballots must be dated to be counted.

Now, because of the new ruling from the Pennsylvania Supreme Court, the ballots will not be counted on election night. Instead, they have been ordered to be sequestered pending further legal action.

News: Pennsylvania Supreme Court rules in favor of RNC and orders county board of electors to refrain from counting mail-in ballots "that are contained in undated or incorrectly dated outer envelopes." https://t.co/5UMNnObuar

— Philip Melanchthon Wegmann (@PhilipWegmann) November 1, 2022

The United States Supreme Court had already vacated a prior decision in Pennsylvania ordering the counting of the invalid ballots. Many may remember how contentious of a subject that was during the 2020 election.

In response to the US Supreme Court’s ruling, Democrats decided to essentially ignore it, citing a non-binding ruling from a lower court judge. Worse, state officials (all of them Democrats) weren’t even requiring the separating off of the questionable ballots pending ongoing legal action that could see them ruled inadmissible in the election. In short, Democrats were trying to shove through a bunch of invalid ballots in hopes of running out the clock, leaving no way to fix the situation in the future.

It was reminiscent of some of the Biden administration’s maneuvers where the president has chosen to break the law with the plan to get what he wants before the courts can step in. The now-struck-down eviction moratorium is a good example of that. With the Pennsylvania Supreme Court stepping in over the mail-in ballots just a week before the mid-terms, though, perhaps the courts are getting wise to the left’s game.

And while there’s a chance these invalid ballots could be counted at a later date, there’s more reason to believe that won’t happen. Even considering that the Pennsylvania Supreme Court is split evenly on the matter so far, are its members really willing to change the result of an election weeks or even months after it has concluded?

Color me extremely skeptical that they’ll be up for ignoring the law to that extent. Yes, courts aren’t supposed to be influenced by outside reactions, but I would think there are limits to how far they themselves want to go. Imagine a world in which Republican Mehmet Oz wins on election night and then Democrat John Fetterman is declared the winner three months later, flipping control of the US Senate back to the Democratic Party. I don’t even want to think about that

Regardless, this entire thing never should have gotten this far. You literally have Democrats saying they are going to simply ignore duly-passed election laws because they see a partisan benefit in it. While this decision is necessary, far more needs to happen to discourage and punish that kind of behavior in the future. If Americans can’t trust that their election laws will be followed, then there’s no country left to save.



TOPICS: Government; Politics; Society
KEYWORDS: andagain; droz; johnfetterman; mailinballots; mehmetoz; pennsylvania; supremecourt
Navigation: use the links below to view more comments.
first previous 1-2021-26 last
To: CatOwner

The poll watchers need to keep all pens, pencils, markers and other sharp objects that write out of the hands of the tallymen while they are tallying the bananas.


21 posted on 11/02/2022 5:41:31 AM PDT by FlingWingFlyer (Let's Go Nanzi! Cough up the Hammergate security video!)
[ Post Reply | Private Reply | To 2 | View Replies]

To: SeekAndFind

The ruling doesn’t matter. The Elections people already have said they’ll ignore these rulings and will continue to count illegal ballots.


22 posted on 11/02/2022 5:53:00 AM PDT by MayflowerMadam (Disappointment is inevitable, but discouragement is a choice.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: fella

I recall 2020 in PA when a judge gave an emergency order to a counting center to allow GOP watchers to watch. They defied the decree. I think it was Corey Lewandowski who was at that location.


23 posted on 11/02/2022 5:56:26 AM PDT by MayflowerMadam (Disappointment is inevitable, but discouragement is a choice.)
[ Post Reply | Private Reply | To 11 | View Replies]

To: SeekAndFind
The plenary powers of state and Fed election law keep the courts from providing 'solutions' to violated state election law. The court did what it could - ruled the ballots' acceptance violates the state election law.

Counting the affected ballots after accepting them sets up a court case that could remove Congressional representation for the state, with a quo warranto (by what authority?).

24 posted on 11/02/2022 8:02:33 AM PDT by RideForever (Damn, another dangling par .....)
[ Post Reply | Private Reply | To 1 | View Replies]

To: chiller
a very angry PA SC might say “do over”.

No court can order a 'do over' due to the plenary powers states share over elections with Congress.

A court can determine if state election law was violated, and that is about the extent of its powers. With that, a quo warranto court action can remove candidates seated as a result of the election. That's what they did after the Civil war to the warring Southern states.

Once the security envelope is opened and processed it's statement of legal qualification and voter identification is no longer tied to any ballot. So there's no 'reversing' the process, which is why Democrats use this cheat in the first place.

25 posted on 11/02/2022 8:13:36 AM PDT by RideForever (Damn, another dangling par .....)
[ Post Reply | Private Reply | To 12 | View Replies]

To: RideForever

If the SC’s rulings are ignored and undated ballots are counted, legislative action may be taken, forcing action from a Gov. perhaps, law suits would put this in court eventually leading PA’s Supremes or even US Supremes.

If it’s to be remedied and those 255K ballots can’t be identified, what other answer is there ?...other than to forgive and forget ? That won’t fly either.


26 posted on 11/02/2022 8:30:27 AM PDT by chiller (Davey Crockett said: "Be sure you're right. Then go ahead'. I'll go ahead.)
[ Post Reply | Private Reply | To 25 | View Replies]


Navigation: use the links below to view more comments.
first previous 1-2021-26 last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
Bloggers & Personal
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson