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Supreme Court Backs Republican in Pennsylvania Mail-In Ballots Case
epoch times ^ | 11 October A.D. 2022 | Jack Phillips

Posted on 10/11/2022 9:01:54 AM PDT by lightman

The Supreme Court on Tuesday vacated an appeals court decision that required Pennsylvania to count mail-in ballots even if there is no date on the envelope.

“The judgment is vacated, and the case is remanded to the United States Court of Appeals for the Third Circuit with instructions to dismiss the case as moot,” wrote Justices Sonia Sotomayor and Ketanji Brown Jackson (pdf), siding with David Ritter, an unsuccessful Republican candidate for a judgeship.

They also threw out a U.S. 3rd Circuit Court of Appeals’ ruling that allowed the counting of mail-in ballots in the race that Ritter had sought to remove because voters did not write the date on the ballots. Ritter lost his 2021 bid to serve on the Lehigh County Court of Common Pleas after 257 mail-in ballots that didn’t have dates were counted.

Pennsylvania Republican legislators and conservatives filed amicus briefs saying the 3rd Circuit’s ruling threatened the integrity of the 2022 midterm elections.

But the Supreme Court’s action on Tuesday means that the 3rd Circuit ruling cannot be used as a precedent in the three states covered by this regional federal appellate court—Pennsylvania, New Jersey, and Delaware—to allow the counting of ballots with minor flaws such as the voter failing to fill in the date. Vacating the ruling does not change Ritter’s loss in his race. Previous Ruling

Earlier this year, the Supreme Court denied Ritter’s attempt to block the counting of ballots that lacked dates. Justices Clarence Thomas, Samuel Alito, and Neil Gorsuch dissented. Days before that (pdf), a panel on the 3rd Circuit ordered the counting of the undated ballots.

Alito had written that the lower court’s ruling “could well affect the outcome” of the elections this year as voters go to the polls on Nov. 8 in midterms in which Republicans are seeking to seize control of Congress from the Democrats.

And he cited concerns that an “individual’s vote is not counted because he or she did not follow the rules for casting a ballot,” adding that the appeals court interpretation is “very likely wrong.”

The 3rd Circuit had ruled that invalidating the updated ballots would violate a provision of a landmark 1964 federal law called the Civil Rights Act aimed at ensuring that minor ballot errors do not deny someone the right to vote.

The May ruling by the 3rd Circuit came in a lawsuit by several elderly voters upset that their votes would not be counted for neglecting to write the date on the mail-in ballot envelope, and what they called a “meaningless technicality.” The 3rd Circuit’s rulings also apply to the U.S. Virgin Islands territory.

However, Pennsylvania law stipulates that voters are mandated to write the date on the outer envelope on their mail-in ballot.

Before the Supreme Court’s Tuesday ruling, Republican state Sen. David Argall told The Morning Call that “there are likely to be many issues that come up during the November election” and noted other provisions, including the controversial Act 77 overhaul that was enacted in 2019 that made widespread vote-by-mail possible in Pennsylvania.

Several Republican-led states have enacted tougher voting rules, including for mail-in ballots, following the 2020 election. In Pennsylvania, there is a closely watched U.S. Senate race between Republican Mehmet Oz and Democrat John Fetterman that could help determine which party controls that chamber.


TOPICS: Breaking News; Government; News/Current Events; Politics/Elections; US: Pennsylvania
KEYWORDS: ballots; paping; pennsylvania; scotus; votebymail
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To: Wuli
But the whole issue that brought the case - the 2020 elections - is now “moot” - the cat is already out of the bag.

Read the very first line of the article. We are talking about future elections now.:

The Supreme Court on Tuesday vacated an appeals court decision that required Pennsylvania to count mail-in ballots even if there is no date on the envelope.

21 posted on 10/11/2022 9:41:39 AM PDT by SmokingJoe ( )
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To: RoseofTexas

I read as, “You stole that election but it is OK. We won’t undo it, but maybe the next time we might make you follow the rules or not - the networks call the winners anyway and we are busy trying to figure out who the rat is that leaked the abortion ruling. Too busy to worry about who the uniparty elects.


22 posted on 10/11/2022 9:43:14 AM PDT by your other brother
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To: SmokingJoe
Read the very first line of the article. We are talking about future elections now.

LOL - Come on, man! People read articles? Please!

23 posted on 10/11/2022 9:48:11 AM PDT by Fury
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To: lightman

So 3rd circuit tells Ritter, have to count defective ballots, Ritter goes to Supremes. SC refuses to stop counting. Ritter loses. 3rd rules you can count ballots in violation of state law. SC says no you can’t. SC establishes that 3rd circuit decision was wrong and it cost Ritter the election, but Ritters election can’t be overturned. Only if it happens again. Way to go Supremes! In other news SC refuses to hear case when a fetus becomes entitled to constitional rights. They gladly give those rights to illegals, but will not discuss for the unborn. Useless bastards washed their hands of their most important responsibility when they walked away from Roe v Wade this year. Now anyone can decide who lives and who dies. Anarchy is here we just don’t realize it. What a shame no one thought to enshrine a human right to life in the condition. The declaration mentioned it, but that’s not the law. Supremely sucking SC.


24 posted on 10/11/2022 9:49:11 AM PDT by pghbjugop
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To: lightman

I really don’t know what I just read.


25 posted on 10/11/2022 10:06:44 AM PDT by fwdude (Society has been fully polarized now, and you have to decide on which pole you want to be found.)
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To: Erik Latranyi

“Drop Boxes” = Fraud Machines


26 posted on 10/11/2022 10:08:16 AM PDT by fwdude (Society has been fully polarized now, and you have to decide on which pole you want to be found.)
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To: Bubba_Leroy

spend a couple of years in solitary confinement awaiting trial, and then be sentenced to 20 years in prison.


Disagree. Upon filing a habeas corpus (show me the body), the government would claim it lost the evidence (the prisoner), after first claiming the conservative had escaped.


27 posted on 10/11/2022 10:26:34 AM PDT by bIlluminati (Demonetize the Left. Buy nothing from them. Sell nothing to them. Shun them.)
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To: Wuli; All

> “Ritter lost his 2021 bid to serve on the Lehigh County Court of Common Pleas after 257 mail-in ballots that didn’t have dates were counted.”

Dems cheated in 2020 and are now allowed to benefit from their cheat, because “moot” ..... but will need to cheat differently next time.

Easy, vote people on voting rolls who haven’t voted in years and may be expired. Just be sure date is on mail-in and you’re good to go.


28 posted on 10/11/2022 10:30:32 AM PDT by Hostage (Article V)
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To: Erik Latranyi
But many ballots go straight into “drop boxes” and never see the postal system, hence, they never get a postmark.

The envelope has a legal statement YOU are making by signing and dating it, made under penalty of perjury. It states you have the authority to vote in the election. So yes, it is required on every ballot to be counted.

29 posted on 10/11/2022 10:33:04 AM PDT by RideForever (Oh damn! Another dangling par ...)
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To: pghbjugop

That’s how it goes... and the crazy thing is if someone challenges BEFORE the election, the court is just as likely to say the issue is not yet “ripe”. But after the election, it is “moot.”


30 posted on 10/11/2022 10:35:34 AM PDT by Tipllub
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To: lightman

It means nothing, as the PA SC also sided with Republicans in 2020 and was overridden by a few of its own members afterwards.


31 posted on 10/11/2022 10:44:39 AM PDT by Ingtar
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To: lightman

“as voters go to the polls on Nov. 8 in midterms in which Republicans are seeking to seize control of Congress from the Democrats.”

“Seize”

They make it sound like an insurrection. Between that and the misleading title then I would say the Epoch times needs a new writer. Justice has not been served by this case if I am understanding its poorly explained complexity.


32 posted on 10/11/2022 10:47:52 AM PDT by Revel
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To: lightman

Why even have rules, if the courts won’t allow them to be
enforced.

If a date is required, then it should be there to be valid.

It would be interesting if the legislature was involved at
all in setting up balloting by mail.

If not, it’s a totally illegal tool in the first place.


33 posted on 10/11/2022 10:50:38 AM PDT by DoughtyOne (I pledge allegiance the flag of the U S of A, and to the REPUBLIC for which stands.)
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To: lightman

It was vacated as moot so it’s meaningless


34 posted on 10/11/2022 11:38:39 AM PDT by newzjunkey (Giant meteor 2022!!!)
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To: lightman

I always suspected the Supreme Court was in on The Steal.


35 posted on 10/11/2022 12:33:31 PM PDT by Observator
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To: lightman

This is the dispute Amy Conehead Barrett dodged a week before the election.


36 posted on 10/11/2022 1:10:44 PM PDT by DesertRhino (Dogs are called man's best friend. Moslems hate dogs. Add it up..)
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To: lightman

“However, Pennsylvania law stipulates that voters are mandated to write the date on the outer envelope on their mail-in ballot.”

IIRC it is the Pennsylvania constitution that specifies that the date must be on the outer envelope.


37 posted on 10/11/2022 1:26:41 PM PDT by jdsteel (PA voters: it’s Oz or Fetterman. Deal with it and vote accordingly.)
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To: bIlluminati

I am just going based on all of the January 6, 2021, protestors who are still being held in solitary confinement awaiting trial (which will be held before juries of Hillary Clinton’s peers).


38 posted on 10/11/2022 1:34:11 PM PDT by Bubba_Leroy (Dementia Joe is Not My President)
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To: lightman

full article

https://archive.ph/a9Hzz


39 posted on 10/11/2022 1:35:01 PM PDT by catnipman (In a post-covid world, ALL "science" is now political science: stolen elections have consequences)
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To: lightman

This is huge!!!!!! It will help in New Jersey because there are winnable races there. Delaware doesn’t allow mail-in ballots for the most part.


40 posted on 10/11/2022 2:11:46 PM PDT by jmaroneps37 (Freedom is never free. It must be won rewon and jealously guarded.)
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