On August 22, the Pennsylvania Supreme Court issued this opinion, explaining why it kept Cheri Honkala, the Green Party nominee, off the ballot in the special legislative election held March 21, 2017. Green Party of Pennsylvania v Department of State, 11 MAP 2017.
Four justices signed the majority opinion. Justice Debra Todd didn’t sign the majority opinion, but she concurred in the result. Two justices dissented. Here is the dissent. Both dissenters are Democrats.
Cheri Honkala had filed her nomination certificate one day late, but received misinformation, and sued, arguing estoppel.
The concurring opinion by Justice Todd is particularly cogent:
http://www.pacourts.us/assets/opinions/Supreme/out/J-22-2017co.pdf?cb=1
She starts with the premise that an ordinary person would believe that one day prior to March 21 is March 20; 21 days prior is February 28; 49 days prior is January 31; and 50 days prior is January 30. January 30 is clearly the filing deadline, since any time later than that is later than 50 days prior to the election date.
The majority opinion appears to calculate from the date the certificate was filed by the Green Party (January 31) and counts that as day 1, and March 21 as day 50 and therefore the date filed was too late.
The dissent believes that January 31 is 50 days before March 21. But if you follow that “logic”, then February 28, is 22 days prior March 21; and March 21 is one day prior to March 21.
The dissent thus argues that an ordinary Pennsylvanian believes that Yesterday is Today, or alternatively that Thursday is Friday.
50 days = 7 weeks and 1 day . . . so, since Election Day was a Tuesday, the deadline date would be a Monday.
*sigh* At least the majority opinion addressed the estoppel argument, though not happily.