Third Circuit Stays U.S. District Order on Whether Pennsylvania Postal Ballots are Invalid if the Voter Fails to Fill in the Outer Envelope Question about the Date

Posted on by December 13, 2023

On December 13, the Third Circuit stayed the U.S. District Court order in Pennsylvania State Conference of NAACP Branches v Secretary, 23-3166. This is the case on the Pennsylvania law that says postal ballots are invalid if the voter doesn’t fill out a blank on the outer envelope that asks for the date the ballot is being mailed. The U.S. District Court had struck it down under the “Materiality” provision of the 1964 civil rights act, which says that voters should not lose their vote if they make a mistake that is not meaingful.

The Third Circuit Judges said that they are issuing the stay even though they do not mean to imply that they intend to reverse, but that the question is important and the case deserves a stay. The Third Circuit will expedite the case. Thanks to Democracy Docket for this news.

Comments

Third Circuit Stays U.S. District Order on Whether Pennsylvania Postal Ballots are Invalid if the Voter Fails to Fill in the Outer Envelope Question about the Date — 18 Comments

  3. https://www.yahoo.com/news/another-court-rejects-trump-bid-165905352.html

    Another court rejects Trump’s bid to assert ‘presidential immunity’ from his many legal troubles
    Erica Orden
    Wed, December 13, 2023 at 11:59 AM EST·2 min read
    256

    Alex Brandon/AP

    NEW YORK — Donald Trump cannot use presidential immunity to avoid a defamation lawsuit from the writer E. Jean Carroll, a federal appeals court ruled Wednesday after finding that Trump waited too long to invoke the defense.

    It’s the third time in recent weeks that federal courts have rejected immunity arguments from Trump as he battles multiple legal fronts in criminal and civil cases.

    The ruling paves the way for Carroll’s lawsuit to proceed to trial in January. The case concerns comments Trump made about Carroll in 2019, shortly after Carroll came forward and accused Trump of raping her decades earlier. Trump said Carroll was peddling a false accusation and was motivated by money.

    Three years after Carroll sued Trump for defamation over those comments, Trump attempted to assert presidential immunity, a broad doctrine that shields presidents from lawsuits arising from their official acts.

    But on Wednesday, a three-judge panel of the 2nd Circuit Court of Appeals found that Trump had waived his right to use the immunity defense because he waited too long to invoke it.

    “We hold that presidential immunity is waivable and that Defendant waived this defense,” a three-judge panel of the 2nd Circuit Court of Appeals wrote.

    All three judges on the panel were appointed by Democratic presidents.
    —–
    ONLY THE HACKS IN THE USA GERRYMANDER CONGRESS HAVE *IMMUNITY* — FOR THEIR SPEECHS AND DEBATES 1-6-1

    USA AIN’T A ROTTED MONARCHY — WITH SO-CALLED DIVINE RIGHT OF KINGS

    SEE ***TYRANT*** IN 1776 USA DOI.

  6. DATE STUFF IS *MATERIAL* —

    SHOWS HOW FAST/SLOW MAIL IS —
    GETTING PICKED UP/DATED AND DATE DELIVERED/RECEIVED.

    ABS BALLOTS = SUBSTITUTE FOR IN-PERSON VOTING ON ELECTION DAYS.

    IF ABS BALLOTS ARE RECEIVED AFTER POLLS CLOSE ON E DAYS — THEN HIGHLY DUBIOUS / AKA BALLOT BOX STUFFING.

    HOW GOOD/BAD IS MAIL *SERVICE* IN ALL MAIL BALLOT STATES VS PART MAIL BALLOT STATES ???

    SCOTUS NEEDS TO KNOW FOR SURE.

    ALSO FOR USA VOTERS OVERSEAS – ESP USA TROOPS FIGHTING BARBARIANS.

  10. A voter who wants their improperly completed absentee ballot accepted is no better than an immigrant crossing the southern USA border illegally wanting special privileges. The law is the law.

  12. Bigdaddyluvsu is correct. If the law is changed it should only be to get rid of absentee ballots entirely.

  13. WILL ALL USA MILITARY FOLKS FIGHTING BARBARIANS OVERSEAS QUIT FOR DAYS TO GET BACK HOME AND VOTE IN PERSON ???

    SAME FOR FOLKS IN OUT-OF-STATE SKOOOLS, HOSPITALS, ETC ???

  15. Immaterial. Mail envelopes are not typically dated by the sender. That is the postal service’s job.

    @BDLU
    The ballots are assumed to be properly completed. You do not write the date, your name, or anything else when filling out your ballot in person. The case is about envelopes.

  17. I don’t think absentee votes are the major problem when it comes to voter fraud. Its all about following directions on each states procedure. A news article just came out that said 1 in 5 mail in ballot voters, in a poll, said they committed fraud when they mailed there is in during 2020 election. So Trump was right. There was voter fraud back then.

  18. I think they are. Sending votes through the mail makes it much easier to commit fraud, and on a larger scale, then where an actual human has to show up on election day, prove they are a registered and eligible voter of the district who is voting once and only once, etc, trough REAL ID, e-verify, on the spot fingerprint and criminal background and warrant check, full cavity search, making sure their genitalia matched their birth certificate,etc.

    Then they can be directed to the booth marching their race and sex at birth where they can indeed finally do their business and leave relieved and feeling ten pounds lighter , like a burden lifted. And cleaner and fresher and way more Americaner than when they arrived. It’s important that they be reminded to flush the voting machine and wash their hands before leaving.

    Better yet would be the Max Hardcore proposal to have voters stand in the party group they affiliate with naked and at attention with only jackboots and steel helmets on , and remain fully erect with their right arms raises in a stiff salute until they are counted off, otherwise their vote won’t count.

    That would be a very. Very secure election, especially if held in the most secure wards of the mental hospitals in each community on Halloween each year.

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