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Posted on 06/10/2022 6:06:01 AM PDT by NKP_Vet
Over the opposition of three conservative justices, the Supreme Court allowed officials in Pennsylvania to resume counting disputed undated mail-in ballots in a state-level judicial election that took place last year in Lehigh County.
The high court’s order came near the end of the business day on June 9 and despite a state law that requires that ballots received on time but missing a handwritten date on the envelope be rejected. The Pennsylvania Republican Party takes the position that undated mail-in ballots should not be counted.
The Supreme Court decision, which will affect other elections in the Keystone State, came too late for former hedge fund CEO David McCormick, who on June 3 conceded the U.S. Senate primary contest to celebrity heart surgeon Mehmet Oz who was endorsed by former President Donald Trump.
McCormick had sued in state court trying to force election officials to count absentee and mail-in ballots that were received on time and stamped by the county boards but on which voters failed to write a date on the exterior mailing envelope. On June 2, Pennsylvania Commonwealth Court ruled (pdf) in McCormick’s favor, ordering that contested ballots be included in the count, The Epoch Times reported.
In the election for the judgeship, Republican David Ritter currently holds a 71-vote lead over Democrat Zachary Cohen. Citing state law, Ritter attempted to prevent the processing of additional ballots, but the American Civil Liberties Union (ACLU), acting on behalf of a group of voters, asked for the count to continue.
On May 27, a three-judge panel of the U.S. Court of Appeals for the 3rd Circuit ordered (pdf) the state to count the undated mail-in ballots.
Judge Theodore McKee, who was appointed by then-President Bill Clinton, wrote for the panel that Congress passed the Materiality Provision of the federal Civil Rights Act “to ensure qualified voters were not disenfranchised by meaningless requirements that prevented eligible voters from casting their ballots but had nothing to do with determining one’s qualifications to vote.”
“Ignoring ballots because the outer envelope was undated, even though the ballot was indisputably received before the deadline for voting serves no purpose other than disenfranchising otherwise qualified voters. This is exactly the type of disenfranchisement that Congress sought to prevent,” McKee wrote.
On May 31, the Supreme Court got involved in the judicial election when Justice Samuel Alito temporarily stayed (pdf) the 3rd Circuit ruling “pending further order of the undersigned or of the Court.”
But late on June 9, the Supreme Court vacated Justice Samuel Alito’s temporary stay order.
The new order (pdf) in the case known as Ritter v. Migliori, court file 21A772, was unsigned and there is no indication of which justices voted to lift the stay, but three justices voted against removing it. Justices Clarence Thomas and Neil Gorsuch joined a dissenting opinion written by Alito.
The decision by the 3rd Circuit is probably wrong, Alito wrote in the dissent, expressing concern about “the effect that the Third Circuit’s interpretation” of federal law “may have in the federal and state elections that will be held in Pennsylvania in November.”
“The Third Circuit’s interpretation broke new ground, and at this juncture, it appears to me that that interpretation is very likely wrong. If left undisturbed, it could well affect the outcome of the fall elections, and it would be far better for us to address that interpretation before, rather than after, it has that effect.”
The circuit court’s interpretation “seems plainly contrary to the statutory language,” Alito wrote.
“When a mail-in ballot is not counted because it was not filled out correctly, the voter is not denied ‘the right to vote.’ Rather, that individual’s vote is not counted because he or she did not follow the rules for casting a ballot.”
It follows, Alito added, that a state’s “refusal to count the votes of these voters does not constitute a denial of ‘the right to vote.’”
Sorry, no balls.. We're all transgender now.. :(
There is no law in the US other than what Democrats say it is on any given day. With Biden’s new tax plan, anyone who might have risen up, will be too poor and too concerned with survival to have the time.
Those dates are historical event dates important to this republic, not clownish dates.
Re: 23 - they are clownish dates when they are put on the outside of the envelope, which is supposed to have the actual date.
Agree, but I think it should go further.
First, all vote fraud should carry a mandatory five year prison sentence and $200,000 fine - first offense, no parole.
Second, all votes should be subject to strict chain of custody rules, again with mandatory sentencing for anyone who willfully breaks the chain of custody.
Third, all polling places must be required by law to have at all times equal representation on site of poll watchers from each political group - AND to have uninterrupted video of the premises.
Fourth, All polling places, vote collection locations, and vote counting places should be required to have uninterrupted video surveillance.
Fifth, every voter should be given a randomly generated alphanumeric code that is also stamped on their ballot. After the votes are counted all of the votes will be listed in a searchable database that allows you to privately plug in your alphanumeric code and ensure that the way you voted is what has been counted.
This is for starters.
Is this image a virus in disguise !!
As long as it has post office stamp that it was before or on election day I guess and they have the ballots in the office.
So why bother to follow the rules of dating when you sign the absentee ballot.
so precedent has now been set going forward.
How likely is it that UNION Post office workers could change the dates on absentee ballots? Fraud election workers make fake absentee ballots get them to a willing post office worker to stamp them with correct date, and voila, you got allowable countable ballots.
Mark Levin bashed Amy Coney Barrett last night. He says he knew Kavanaugh would be a disaster. https://www.bitchute.com/video/cxnA9Eq9KmgA/
I agree. Voters at 600 yards. The candidate who survives, wins.
Ok then two can play the same game!! LET THE FRAUD GAMES BEGIN!! Fight fire with Fire!
“But make no mistake. It’s not that the left is “evil””
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With all due respect, I don’t think you REALLY get it, otherwise you couldn’t have written this!
Pennsylvania Ping!
Please ping me with articles of interest.
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Well, if we’re going back to the Wild West, I hope we have the caliber of judges we had back then. I believe they referred to them as “Hanging Judges.”
I’ve been reading a lot of books lately about the Old Testament, its context, and how readers for whom it was intended at the time would have read it. I think that most of the time, “evil” just means “bad”. That’s why it sez even God does “evil”. If I shoot an intruder in my house, from his perspective it is “evil”. That is, a bad thing happened to him, and I did it. So I did “evil”.
I’m not saying the people on the left are not “evil”. But that statement is misleading, because I believe ALL men sin. That’s why God sacrificed His only Son, that we may live. But I also believe all men “think” what they are doing is the right thing to do. And this is often because they are deluding even themselves. Hitler would be a good example of this.
Men don’t get up in the morning and say, “what evil can I do today?” That is what makes the protaganist in Despicable Me funny.
However, I interpret everything going on in the world for the last couple of millennia, and ESPECIALLY the last couple of decades, through this verse:
Ephesians 6:12 ESV For we do not wrestle against flesh and blood, but against the rulers, against the authorities, against the cosmic powers over this present darkness, against the spiritual forces of evil in the heavenly places.
The veil has been removed. Christians paying attention can see clearly what is happening in the world today.
The purpose of the legal requirement is to document a submission date, not to serve as a freaking decoration.
This is all on the Pennsylvania legislature and governor, not on the state courts.
Amy Conehead Barrett and rapeboy Kavenaugh in lockstep with Robert’s again. They love election fraud!
I thought it was funny when she help up that blank notebook in that hearing. Now I get it, that was her deep thinking archive. Affirmative action got her there. Picked for meeting a female. And as for kavenaugh, who knows his connection.
I think having a database of votes tied to individuals is a horrible idea.
Secret ballots are important.
And most of them didn’t have a law degree. Just common sense
ACB is one of the greatest disappointments
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