Two U.S. Supreme Court Filings over Pennsylvania’s Long-Disputed Requirement for Absentee Voters to Date the Outer Envelope of a Postal Absentee Ballot

Posted on by February 18, 2026
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Pennsylvania’s law requiring postal voters to add the date to the outer envelope is still generating judicial activity. On February 11 the Republican National Committee filed a cert petition with the U.S. Supreme Court on this issue. The Third Circuit had struck down the requirement on the basis of the 1964 Civil Rights Law, which says that paperwork errors in the voting process that are not material to determining whether the voter is eligible cannot be used to invalidate a ballot. That cert petition is Republican National Committee v Eakin, 25-962.

Six days later the state government of Pennsylvania filed its own cert petition, even though the state and the Republican National Committee are on the same side. Commonwealth of Pennsylvania v Eakin, 25-967.

Republican Party of Virginia Still Trying to Stop April Vote on Public Acceptance of Democrats’ Congressional Redistricting Plan

Posted on by February 18, 2026
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The February 13 ruling by the Supreme Court of Virginia to allow the upcoming statewide vote on acceptance of a Democratic Party of Virginia Congressional redistricting plan not withstanding, the Virginia GOP refuses to throw in the towel in its attempt to put a halt to it. On Wednesday, February 18, it filed suit to challenge the ballot language of the initiative, not the legality of the initiative itself. The case is Republican National Committee v Koski, Circuit Court, Tazewell County.

Here is the latest, hot off the press from Democracy Docket.

Democracy Docket Article Describes the Use of Blockers by a Republican Party Affiliated Group to Thwart Referendum Signature Gathering in Missouri

Posted on by February 18, 2026
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I, fortunately, have never had to deal with harassment like this when I have been out petitioning, but I have heard about it. Here is a story from Democracy Docket about what volunteer petitioners in Missouri are facing when circulating a referendum trying to stop GOP congressional redistricting in Missouri.

Law Professor John J. Martin Article Says Congress has no Authority to Set Voter Qualifications

Posted on by February 18, 2026
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Law Professor John J. Martin of Quinnipiac University has this essay, pointing out that Congress has no authority to set voter qualifications, even in federal elections. Article One lets Congress write laws on the “time, place and manner” of congressional elections. But those categories don’t include anything about voter eligibility. Therefore, the SAVE America bill recently passed by the U.S. House, mandating that only citizens can vote in federal elections, has no constitutional basis.

The article also points out that nineteen states let non-citizens vote during the 19th and early 20th centuries. Also currently 20 local governments allow non-citizens to vote in elections for their own officers.