Posted on 08/20/2024 8:17:57 AM PDT by Red Badger
A Pennsylvania judge has ruled that voters and election officials cannot cure or count mail-in ballots that are returned without the required secrecy envelope, often referred to as “naked ballots.”
In a decisive ruling, Judge S. Michael Yeager of the Butler County Court of Common Pleas dismissed a petition seeking to challenge the Butler County Board of Elections’ rejection of mail-in ballots that lacked the required secrecy envelopes—often referred to as ‘naked’ ballots.
The case arose when two Butler County residents, Faith A. Genser and Frank P. Matis, both failed to include the mandatory secrecy envelopes when submitting their mail-in ballots for the April 23, 2024, primary election.
Despite being informed of their ballots’ rejection due to this omission, both voters proceeded to cast provisional ballots on Election Day, hoping to have their votes counted.
However, the Butler County Board of Elections, adhering to Pennsylvania’s strict election guidelines, rejected these provisional ballots, leading to the court case filed by ACLU Pennsylvania.
The court found that the Butler County Board of Elections acted within its legal rights when it rejected provisional ballots submitted without the necessary secrecy envelopes.
According to the ruling, these “naked” ballots do not meet the statutory requirements set forth in Pennsylvania’s Election Code, which mandates that all mail-in ballots must be completed, placed in a secrecy envelope, and then enclosed in a Declaration Envelope before submission.
The judge emphasized that allowing such ballots to be counted would undermine the very foundation of secure and fair elections. By failing to comply with these regulations, voters risk disenfranchising themselves and compromising the integrity of the electoral process.
According to the conclusion:
The court is not unsympathetic to the Petitioners. Unlike many other qualified electors, Petitioners endeavored to exercise their right to vote so as to participate as fully as possible in their governance.
The court understands their frustration, and additionally, that of persons who deposit their ballot into the mail only to return home to find the secrecy envelope on a table, yet, despite knowing with certainty their secrecy envelope was not included in their return, may do nothing to have their vote counted in the election.
However, as stated by the Court in Boockvar, this is a task for the legislature, not the courts, given the attendant issues that must be addressed. The court would urge the legislature to consider the situation of the Petitioners, to develop and implement a procedure for those who return defective ballots to correct same to ensure as full participation as possible in the voting franchise.
However, the actions of the Board in adopting a narrow cure policy that applies in such a way as to uphold voting deadlines and ensure secrecy in voting is maintained, but that allows electors the greatest possible chance of having their vote counted, does not violate either the Election Code or the Free and Equal clause of the Pennsylvania Constitution.
You can read the full ruling here.
https://www.thegatewaypundit.com/wp-content/uploads/2024/08/2024-08-16-memorandum-opinion.pdf
And who will be tasked with making sure this ruling is obeyed?
The ruling says “The court understands their frustration, and additionally, that of persons who deposit their ballot into the mail only to return home to find the secrecy envelope on a table...”
Sorry, this voter understands those persons are idiots for not checking their ballot twice to make sure everything was done correctly. Such idiots should not be allowed to vote in the first place. Whatever happened to “tough noogies”?
Extra Extra
A good judge has finally been found in Pennsylvania.
Wow...we are starting to win some of these legal fights to prevent the cheat.
At least we showed up to fight this time....in 2020 and 2022, we didn’t even make to the field.
The PA supreme court, which was packed by Democrats, has already ignored the letter of the law in PA elections. In 2020, they let Dem-heavy counties cure mail in ballots ahead of election day even though it wasn't authorized by the law.
A judge ruled mail-in ballots are legal in Pennsylvania. The Constitution gives that authority to the state legislatures, not the courts.
I’m going to assume that naked ballots means ballots that came directly from the printer, flat and never folded, undoubtedly already filled out. (Instead of creased and obviously folded as they would be if they came in an envelope from a valid voter.)
Ballots without their security envelope..............
“Wow...we are starting to win some of these legal fights to prevent the cheat.”
Most of the wins are coming from private groups such as America First Legal. The GOP kept making promises as the clock ran down and here we are 80 days before the election and security measures are just now being addressed by the Courts. The GOP is good at making promises for campaign ads and media soundbites but that’s about it.
But on the flip side, wasn’t it private leftist groups and not the “DNC” per se, that was attacking the integrity of the voting process in swing states of the last couple years?
Thats how I udnerstand it as well.
So, Rocco and Sal, rolling into Philly at 2am after election night, with a u-hall filled with Heels up Harris ballots, fresh off the press, and in boxes destined for the “mail-in” pile, wont work this time.
you mean those flat unfolded mail-in ballots cannot be counted as votes
the ones with the perfectly filled in oval
thats racist voter suppression
Wow - we might have a chance now
How about instead of mailing your ballot in, getting off your rear end and go the the office of the Board of Elections and cast your vote in person? Then you don’t have to try to blame someone else because you didn’t follow the mail-in procedure correctly and then file suit to overturn a secure voting statute.
How about you encourage lazy Trump voters to get THEIR BALLOT IN ANY WAY IT CAN GET IN.
the secrecy envelopes are there for a purpose. To keep clerks, etc. from being able to see who the vote is for before it is time to collect and open them in an above-board process..
“How about you encourage lazy Trump voters to get THEIR BALLOT IN ANY WAY IT CAN GET IN.”
Lazy Trump voters everywhere:
GET YOUR BALLOTS IN ANY WAY THEY CAN BE GOTTEN IN!!!
p
You’re right. Don’t bother having election laws.
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