Pennsylvania Supreme Court Says One of its Past Ballot Access Decisions was Erroneous

On June 23, the Pennsylvania Supreme Court issued a unanimous opinion in “In re Nomination Petition of Joseph Vodvarka”, no. 37 MAP 2016. The 22-page opinion explains why, on April 19, it voted to put Joseph Vodvarka back on the Democratic primary ballot for U.S. Senate. The Court in April had put him on the ballot but had not explained why. The June 23 decision explains its reasoning.

Vodvarka needed 2,000 signatures. Whether he had enough valid depended on whether signatures are valid if the signer’s address on the petition doesn’t match his or her address in the voter registration rolls. The June 23 decision says those signatures are valid, assuming both addresses are in the same county. The June 23 opinion also says that back in 2001, when the same court came to a contrary decision, it had been in error. The erroneous decision from 2001 was “In re nomination petition of Flaherty.” The June 23 opinion says, “Flaherty’s rationale was in error…Unfortunately, in Flaherty, this Court failed to identify the changes to Pennsylvania’s voter registration laws…To the extent (if any) that our subsequent decisions in Nader and Gales are inconsistent with the present decision, they are also overturned.”


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Pennsylvania Supreme Court Says One of its Past Ballot Access Decisions was Erroneous — 2 Comments

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