Pennsylvania “Materiality” Lawsuit May Be Appealed to U.S. Supreme Court

On May 23, the losing side in Migliori v Lehigh County Board of Elections asked the Third Circuit to stay its own decision. The issue is whether mail ballots in which the voter forgot to add the date of signing next to the signature on the outer envelope should count. The Third Circuit on May 20 ruled that they should, based on the part of the federal voting rights act that says errors that don’t really matter should not disenfranchise anyone.

The losing side in the Third Circuit says it will ask for U.S. Supreme Court review quickly, and therefore the Third Circuit ought to stay its own decision.


Comments

Pennsylvania “Materiality” Lawsuit May Be Appealed to U.S. Supreme Court — 6 Comments

  1. absentee ballots are a substitute for in person voting on election days —

    what in person applications to vote on election days do NOT have the election dates ???

  2. I doubt any state requires an in-person voter, who signs in using the precinct poll book, to add a date to his or her signature. If it’s in-person voting on election day, the date is obvious and is not needed.

  3. IF NO date, then what is to prevent false/felony reuse of the signed form ???

  4. In person applications to vote have election date on them

    making the voter’s date of signing NOT *material* ???
    ———
    Absentee envelopes have the election date on them —

    making the voter’s date of signing NOT *material* ???

    Statutory forms vs text/regs stuff ???

  5. https://www.detroitnews.com/story/news/politics/2022/05/24/gop-takes-ozs-side-pa-senate-race-vote-counting-lawsuit/9905977002/

    GOP intervenes in Pa. Senate race vote-counting lawsuit

    Marc Levy  |  Associated Press

    Harrisburg, Pa. – The national and state Republican parties are taking the same side as celebrity heart surgeon Dr. Mehmet Oz in Pennsylvania’s neck-and-neck GOP primary contest for U.S. Senate and opposing a lawsuit that could help former hedge fund CEO David McCormick close the gap in votes.
    McCormick’s lawsuit was filed late Monday, less than 24 hours before Tuesday’s deadline for counties to report their unofficial results to the state.
    In it, McCormick asks the state Commonwealth Court to require counties to obey a brand-new federal appeals court decision and promptly count mail-in ballots that lack a required handwritten date on the return envelope.

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