With just two weeks left before the mid-terms, Pennsylvania has become ground zero, with perhaps the most hotly contested and important US senate race in the nation occurring. But while both sides are eagerly attempting to garner as many votes as possible, a major constitutional crisis is brewing that almost no one is talking about.
As RedState previously reported, the Supreme Court vacated a state court decision requiring Pennsylvania to count un-dated mail-in ballots. The plain letter of the law requires that a mail-in ballot must be filled, signed, and dated in order to be counted. Despite that, Democrat state officials have pledged to defy the law, giving guidance to counties that they not only should un-dated ballots be counted, but they aren’t even required to be sequestered pending further legal action.
Their reasoning? That voters shouldn’t be disenfranchised based on a “technical violation.”
These ballots have been subject to years of litigation in Pennsylvania — much of it highly partisan. Republicans officials and politicians have generally argued that undated mail ballots do not comply with state law and should be thrown out. Democrats have countered that a minor technical violation should not disenfranchise a voter, and pushed for the ballots to be counted. Democratic voters have been more likely to vote by mail in recent years.
Who gets to decide what “technical violations” can be ignored? That would seem to be a dangerous road to go down in regards to simply shunning the law based on an arbitrary judgment by a partisan state official. Pennsylvania’s mail-in voting law isn’t ambiguous. It pointedly says that ballots must be dated to be counted.
It’s incredibly revealing (and somewhat shocking) that Democrats in the state don’t even try to pretend they have a real legal case. Instead, they simply claim that a technical violation of the law shouldn’t matter, which is an emotional argument if anything.
They make their claim by suggesting the existence of a legal gray area based on a non-binding ruling delivered by a single judge.
Joshua Voss, an attorney who frequently argues election cases on Republicans’ behalf, said he thinks Chapman’s new guidance is legally shaky.
Chapman’s guidance is based on May Commonwealth Court decisions made by a Republican judge. But the rulings are unpublished, meaning they are considered “persuasive” but not binding. This means that while courts can refer to these decisions in future mail ballot cases, they don’t have to.
The Wolf administration basing guidance on an “unpublished single-judge opinion,” Voss said, is “a remarkable position.”
That’s led to Republicans filing yet another lawsuit in an attempt to see the law enforced while counties splinter in different directions. Right now, five counties have voluntarily decided to separate off the un-dated ballots, though they will still be counted on election night so as to not defy the state’s guidance.
Ask yourself this, though. What happens when Republicans win the lawsuit and Pennsylvania’s defiance of the Supreme Court is struck down? With so many counties, including the bluest ones, having already counted and destroyed the un-dated ballots-- excerpt, rest at link above --
"I wish it need not have happened in my time," said Frodo.
"So do I," said Gandalf, "and so do all who live to see such times. But that is not for them to decide. All we have to decide is what to do with the time that is given us."
The Dem logic could be extended to say citizens of other countries could be on the ballot due to a 'technicality ' ofnot being a US citizen.
It is reasonable to concur where Conscience does not forbid a Compliance; for Conformity is at least a Civil Virtue. But we should only press it in Necessaries, the rest may prove a Snare and Temptation to break Society. But above all, it is a Weakness in Religion and Government, where it is carried to Things of an Indifferent Nature, since besides that it makes Way for Scruples, Liberty is always the Price of it....William Penn
QuoteWho gets to decide what “technical violations” can be ignored? That would seem to be a dangerous road to go down in regards to simply shunning the law based on an arbitrary judgment by a partisan state official. Pennsylvania’s mail-in voting law isn’t ambiguous. It pointedly says that ballots must be dated to be counted.
QuoteIt’s incredibly revealing (and somewhat shocking) that Democrats in the state don’t even try to pretend they have a real legal case. Instead, they simply claim that a technical violation of the law shouldn’t matter, which is an emotional argument if anything.
And that should be that! But not so in Pennsylvania!
In Pennsylvania, the Department of State has allowed at least 249,000 unverified voters to receive mail-in ballots so far in the 2022 general election, due to an odd process for verifying the identity of those requesting mail-in ballots where people vote first and verify their identification later.
The Department of State also recently changed directives for county election boards, creating procedural confusion, and drawing fire from 15 Pennsylvania House members, in the form of a letter (pdf) demanding the department immediately correct its guidance and tell counties they may not count the ballots of unverified voters until proof of ID is received.
There are two things to know about voter registration. First, the state must follow the federal Help America Vote Act of 2002 (HAVA), a law that requires anyone registering to vote in federal elections to provide identification in the form of a driver’s license number or the last four digits of their Social Security number. And second, HAVA requires states to verify the accuracy of the information provided by the applicant by matching their ID information to the state motor vehicle database or the federal Social Security Number verification system.
But in Pennsylvania, the state has passed the work of ID verification on to counties. Here is the order of ID verification in Pennsylvania for mail-in ballots:
A registered voter requests a mail-in ballot. The application requires a driver’s license number or the last four digits of the voter’s Social Security number. The voter’s identification is verified by comparing numbers on the ballot application to records at the Pennsylvania Department of Transportation or the Social Security Administration. If the ID numbers don’t match, a ballot is mailed to the voter anyway, but it is comes with a Not Verified (NV) designation. Unverified voter casts ballot. While processing ballots, the county sets aside NV ballots until they can reach out to each unverified voter and get proof of ID.
So, instead of the state verifying voter ID before sending a ballot, counties must separate NV ballots and verify identification before counting the votes on that ballot.
“The Directive to register voters without verification of identity, combined with the delivery of mail ballots without verification, creates conditions that shift the burden of verification from the Department of State’s automated matching system, to county election offices where resources are already scarce,” a recently released Verity Vote report said.
Verity Vote is a group of citizen volunteers with data research and investigation backgrounds who have been reviewing elections throughout the country.
The certified 2020 election results in Pennsylvania showed Joe Biden winning, with 80,555 more votes than Donald Trump. It means that the 249,000 ballots already sent to unverified voters are enough to sway the results of an election.-- excerpt, rest at link above --
"I wish it need not have happened in my time," said Frodo.
"So do I," said Gandalf, "and so do all who live to see such times. But that is not for them to decide. All we have to decide is what to do with the time that is given us."
Wed Oct 26, 2022 6:08 pm (Last edited: Wed Oct 26, 2022 6:09 pm)
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