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Federal appeals court says undated Pa. mail ballots should be counted, a decision that breaks with state courts and could have immediate impact
https://www.google.com/amp/s/www.inquirer.com/politics/election/undated-mail-ballots-pennsylvania-lehigh-county-migliori-20220520.html%3foutputType=amp ^ | Jonathan Lai

Posted on 05/21/2022 12:14:42 PM PDT by cuz1961

Pennsylvania mail ballots submitted without a date on the envelope last year should be counted, a federal appeals court said Friday, a ruling that could mean thousands more votes get counted in elections moving forward — starting with this past Tuesday’s primary.

The ruling will also almost certainly reignite the smoldering political fight over undated mail ballots; create new questions and pressure for county elections officials as they continue to count votes from this week’s primary; and create another potential opening for county-by-county legal challenges as the Senate Republican primary heads toward a likely recount.

(Excerpt) Read more at google.com ...


TOPICS: Government; Politics/Elections; US: Pennsylvania
KEYWORDS: davemccormick; davidmccormick; mehmetoz; pennsylvania; salenazito; townscrawl
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SSDD.
1 posted on 05/21/2022 12:14:42 PM PDT by cuz1961
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To: cuz1961
No ballot will be left unstuffed.

The elite in this country, included the Dem partisans masquerading as judges, want a one-party state come hell or high water and have chosen vote fraud as their means to achieve that.

The only appropriate response is simply to ban all mail-in balloting as many countries in Europe do.

2 posted on 05/21/2022 12:19:13 PM PDT by pierrem15 ("Massacrez-les, car le seigneur connait les siens" )
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To: cuz1961

Why don’t they just rule if any fake or unverified ballot is “found” it will be counted if it benefits the establishment candidate.

That’d be more honest.


3 posted on 05/21/2022 12:20:43 PM PDT by ifinnegan (Democrats kill babies and harvest their organs to sell)
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To: pierrem15

They will take it to the SCOTUS where John (blackmailed) Roberts will affirm the right of the Demonic Left to continue to steal elections.


4 posted on 05/21/2022 12:21:39 PM PDT by Shady (The #JihadJunta: "We are now a nation of Men, Not of Laws. You are not as equal as we are...")
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To: cuz1961

So no post date on the mail-in ballot AFTER an election can be counted. Wow, just wow.

This means Kathy Barnette can still win the race. She just has to order 230,000 unposted ballots (from China) and have them delivered via tractor trailer from New York to a truck stop near Harrisburg Pa, and then let the machinery take over.

Wait, I recall this already happened in Pennsylvania. That’s right, it happened during the 2020 election when Biden magically got an additional 230000 votes at 3am.


5 posted on 05/21/2022 12:21:39 PM PDT by Flavious_Maximus (Fauci is a murderer)
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To: cuz1961

And so it begins for the 2022 election!


6 posted on 05/21/2022 12:23:49 PM PDT by Misplaced Texan
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To: cuz1961
Without digging deep or reading the statutes referred to, it looks like the appeals court reversed the lower court's ruling that the plantiffs didn't have standing. And then I'm not sure, but it looks like they are saying a subsequent legislative act made dating provisions in two prior legislative acts immaterial.

This could be fixed by PA legislation and the ruling is probably limited to PA.

THIRD CIRCUIT FEDERAL APPEALS COURT JUDGMENT -- MIGLIORI V. LEHIGH COUNTY BOARD OF ELECTIONS

___________JUDGMENT___________

This judgment is issued at the direction of the Court pursuant to Fed. R. App. P. 36(a)(2).This cause came to be considered on the record from the United States District Court for the Eastern District of Pennsylvania and was argued on May18, 2022.

On consideration whereof, it is now hereby ORDERED and ADJUDGED by this Court that the judgment of the District Court entered on March 16, 2022,is reversed insofar as it found Appellants lack the capacity to bring suit under 52 U.S.C. § 10101 as there existsa private right of action under 42 U.S.C. § 1983. See Gonzaga Univ. v. Doe, 536 U.S. 273, 284–85 (2002).

In addition, inasmuch as there is no dispute that ballots that have the wrong date were countedin the election, it is further ORDERED and ADJUDGED that, thedating provisionscontained in 25 Pa. Cons. Stat.§§ 3146.6(a)and 3150.16(a)areimmaterialunder § 10101(a)(2)(B). Accordingly, there is no basis on this record to refuse to count undated ballots that have been set aside in the November2,2021,election for Judge of the Common Pleas of Lehigh County. This matter is hereby remanded to the District Court and that court is hereby directed to forthwith enter an order that the undated ballots be counted. Case: 22-1499 Document: 80 Page: 2 Date Filed: 05/20/2022

A formal opinion will follow.The mandate will issue immediately upon filing of the opinion. The time for filing a petition for rehearing will be five (5) days from the date that the Court’s opinion is entered on the docket.

7 posted on 05/21/2022 12:28:02 PM PDT by DannyTN
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To: cuz1961

Soros just keeps on winning...


8 posted on 05/21/2022 12:37:11 PM PDT by SuperLuminal
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To: ifinnegan
Why not just ban voting altogether and abolish the Republican Party. Democrat rule in perpetuity. Positions appointed by the ruling Democratic oligarchs.

Court rulings like this are utterly obscene.

9 posted on 05/21/2022 12:42:27 PM PDT by sjmjax
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To: cuz1961

The corruption is incredible. And the audacity of these slimeballs.

Some pundits have said the US is in danger of becoming a banana republic. They are wrong. It became a banana republic a while back. The 2020 “selection” was when they decided to stop being subtle about it.


10 posted on 05/21/2022 12:53:19 PM PDT by ChildOfThe60s ( If you can remember the 60s.....you weren't really there..)
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To: cuz1961

Why is this a matte for the Federal court?


11 posted on 05/21/2022 12:59:30 PM PDT by gov_bean_ counter (Eccl10:2 - The heart of the wise inclines to the right, but the heart of the fool to the left.)
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To: cuz1961

banana republic...


12 posted on 05/21/2022 1:01:58 PM PDT by cherry (;)
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To: cuz1961
Of course they need to make undated ballots valid. Otherwise it poses potential problems for the massive election fraud they have planned (and are currently rehearsing).

Consider, if you need to print up and fill-out a bunch of ballots in a hurry - say it is the night after the polls close and your candidate is well behind in the real count. What's a fraudster to do? You can dump a few tens of thousands of ballots at un-manned ballot stations to be "discovered" but here's the dilemma:

If your fraudulent ballots are back-dated that could raise questions in any audit. "Why were these ballots apparently left in the collection box for days?" Or "Why did it take the USPS so long to deliver them?" So your recently "discovered" windfall for your candidate would need ballots with much more recent dates.

However this creates potential issues too. Gosh, you'd think the USPS would notice if there had actually been tens of thousands of ballots flooding through their system in the final day or so. There might be inconvenient records that say otherwise, leading auditors to suspect something. Or it would look bad if a ballot drop box was alleged to have had some tens of thousands of ballots in it "discovered" in the wee hours of the fraud morning... When the box even stuffed (literally and figuratively) could only hold a couple thousand. Again, inconvenient little things that might interest auditors.

This is why the fraud planners really, really need undated ballots to be considered valid. This makes their late night "discoveries" of boxes of ballots at least nominally plausible.

It stinks like week-old fish.

13 posted on 05/21/2022 1:04:01 PM PDT by ThunderSleeps (Vaccine mandates: they are not about health, they are about obedience.)
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To: cuz1961

How does this even pass the miles away sniff test?

If PA law states ballots must be postmarked by a certain date that (assuming no PO error in stamping) should be that.


14 posted on 05/21/2022 1:08:53 PM PDT by lastchance (Credo.)
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To: cuz1961

The only reason for such a ruling (beyond friend to fraud) would be if the Post Office had proof in their records that the ballots were collected before or on the date stipulated for being counted and were sorted to be sent to the supervisor of elections.


15 posted on 05/21/2022 1:11:35 PM PDT by lastchance (Credo.)
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To: cuz1961
What is the federal court's jurisdiction to hear an appeal to an intra-state issue?

-PJ

16 posted on 05/21/2022 1:14:10 PM PDT by Political Junkie Too ( * LAAP = Left-wing Activist Agitprop Press (formerly known as the MSM))
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To: DannyTN

In short they are upholding the action of the PA legislature which (if memory serves) violated the PA Constitution by making undated ballots legal during the Trump Biden Presidential elections.


17 posted on 05/21/2022 1:14:14 PM PDT by lastchance (Credo.)
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To: Flavious_Maximus

Lying, Cheating, stealing DemoRats will do anything to win...why don’t we???


18 posted on 05/21/2022 1:14:18 PM PDT by mastertex (mastertex)
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To: cuz1961

Yup. here we go again.


19 posted on 05/21/2022 1:17:05 PM PDT by cableguymn
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To: pierrem15

Amidst all of the electoral criminality since 2020, I’ve lost track of how many times I’ve been told that an Article V Convention of the States is too dangerous.

We’re told to just keep voting. As if it matters.


20 posted on 05/21/2022 1:18:29 PM PDT by Jacquerie (ArticleVBlog.com)
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