Spencer Brown
November 01, 2022 6:12 PM
The Pennsylvania Supreme Court on Tuesday sided with an argument made by Republicans in their lawsuit seeking to prevent the counting of improperly completed ballots in next week's general election, throwing out a lower court's ruling that would have allowed PA election officials to count absentee and mail-in ballots that were not correctly dated and signed.

PA's Supreme Court justices vacated the 3rd US Circuit Court of Appeals' decision that would have allowed the counting of ballots that were not completed as the Keystone State election laws require, and ruled that the "Pennsylvania county boards of elections are hereby ordered to refrain from counting any absentee and mail-in ballots received for the November 8, 2022 general election that are contained in undated or incorrectly dated outer envelopes."

The PA Supreme Court also in its ruling directed "the Pennsylvania county boards of elections segregate and preserve any ballots contained in undated or incorrectly dated outer envelopes" and noted that the "Court is evenly divided on the issue of whether failing to count such ballots violates 52 U.S.C. §10101(a)(2)(B)."

RNC Chairwoman Ronna McDaniel celebrated the win in Pennsylvania as "massive" for "election integrity."
https://townhall.com/tipsheet/spencerbro...allots-n2615319

Note my bold highlight.

Can this legally happen, ie - a state court over-rule a federal appeals court?

Quote: Isailedaway wrote in post #1

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Spencer Brown
November 01, 2022 6:12 PM
The Pennsylvania Supreme Court on Tuesday sided with an argument made by Republicans in their lawsuit seeking to prevent the counting of improperly completed ballots in next week's general election, throwing out a lower court's ruling that would have allowed PA election officials to count absentee and mail-in ballots that were not correctly dated and signed.

PA's Supreme Court justices vacated the 3rd US Circuit Court of Appeals' decision that would have allowed the counting of ballots that were not completed as the Keystone State election laws require, and ruled that the "Pennsylvania county boards of elections are hereby ordered to refrain from counting any absentee and mail-in ballots received for the November 8, 2022 general election that are contained in undated or incorrectly dated outer envelopes."

The PA Supreme Court also in its ruling directed "the Pennsylvania county boards of elections segregate and preserve any ballots contained in undated or incorrectly dated outer envelopes" and noted that the "Court is evenly divided on the issue of whether failing to count such ballots violates 52 U.S.C. §10101(a)(2)(B)."

RNC Chairwoman Ronna McDaniel celebrated the win in Pennsylvania as "massive" for "election integrity."
https://townhall.com/tipsheet/spencerbro...allots-n2615319

Note my bold highlight.

Can this legally happen, ie - a state court over-rule a federal appeals court?

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No I do not.

Likely some more unlawful meddling.

Apparently the Duffus 3rd circuit ruled that it was a violation under the Voting Rights Act of 1964 for Pennsylvania to require that mail in ballots be signed and dated!

(a) Race, color, or previous condition not to affect right to vote; uniform standards for voting qualifications; errors or omissions from papers; literacy tests; agreements between Attorney General and State or local authorities; definitions
(1) All citizens of the United States who are otherwise qualified by law to vote at any election by the people in any State, Territory, district, county, city, parish, township, school district, municipality, or other territorial subdivision, shall be entitled and allowed to vote at all such elections, without distinction of race, color, or previous condition of servitude; any constitution, law, custom, usage, or regulation of any State or Territory, or by or under its authority, to the contrary notwithstanding.

(2) No person acting under color of law shall-

(A) in determining whether any individual is qualified under State law or laws to vote in any election, apply any standard, practice, or procedure different from the standards, practices, or procedures applied under such law or laws to other individuals within the same county, parish, or similar political subdivision who have been found by State officials to be qualified to vote;

(B) deny the right of any individual to vote in any election because of an error or omission on any record or paper relating to any application, registration, or other act requisite to voting, if such error or omission is not material in determining whether such individual is qualified under State law to vote in such election; or

(C) employ any literacy test as a qualification for voting in any election unless (i) such test is administered to each individual and is conducted wholly in writing, and (ii) a certified copy of the test and of the answers given by the individual is furnished to him within twenty-five days of the submission of his request made within the period of time during which records and papers are required to be retained and preserved pursuant to title III of the Civil Rights Act of 1960 [52 U.S.C. 20701 et seq.]: Provided, however, That the Attorney General may enter into agreements with appropriate State or local authorities that preparation, conduct, and maintenance of such tests in accordance with the provisions of applicable State or local law, including such special provisions as are necessary in the preparation, conduct, and maintenance of such tests for persons who are blind or otherwise physically handicapped, meet the purposes of this subparagraph and constitute compliance therewith

https://uscode.house.gov/view.xhtml?req=...&edition=prelim

Quote: Tinker wrote in post #5

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Apparently the Duffus 3rd circuit ruled that it was a violation under the Voting Rights Act of 1964 for Pennsylvania to require that mail in ballots be signed and dated!

(a) Race, color, or previous condition not to affect right to vote; uniform standards for voting qualifications; errors or omissions from papers; literacy tests; agreements between Attorney General and State or local authorities; definitions
(1) All citizens of the United States who are otherwise qualified by law to vote at any election by the people in any State, Territory, district, county, city, parish, township, school district, municipality, or other territorial subdivision, shall be entitled and allowed to vote at all such elections, without distinction of race, color, or previous condition of servitude; any constitution, law, custom, usage, or regulation of any State or Territory, or by or under its authority, to the contrary notwithstanding.

(2) No person acting under color of law shall-

(A) in determining whether any individual is qualified under State law or laws to vote in any election, apply any standard, practice, or procedure different from the standards, practices, or procedures applied under such law or laws to other individuals within the same county, parish, or similar political subdivision who have been found by State officials to be qualified to vote;

(B) deny the right of any individual to vote in any election because of an error or omission on any record or paper relating to any application, registration, or other act requisite to voting, if such error or omission is not material in determining whether such individual is qualified under State law to vote in such election; or

(C) employ any literacy test as a qualification for voting in any election unless (i) such test is administered to each individual and is conducted wholly in writing, and (ii) a certified copy of the test and of the answers given by the individual is furnished to him within twenty-five days of the submission of his request made within the period of time during which records and papers are required to be retained and preserved pursuant to title III of the Civil Rights Act of 1960 [52 U.S.C. 20701 et seq.]: Provided, however, That the Attorney General may enter into agreements with appropriate State or local authorities that preparation, conduct, and maintenance of such tests in accordance with the provisions of applicable State or local law, including such special provisions as are necessary in the preparation, conduct, and maintenance of such tests for persons who are blind or otherwise physically handicapped, meet the purposes of this subparagraph and constitute compliance therewith

https://uscode.house.gov/view.xhtml?req=...&edition=prelim

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Quote: Isailedaway wrote in post #6

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Quote: Tinker wrote in post #5

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Apparently the Duffus 3rd circuit ruled that it was a violation under the Voting Rights Act of 1964 for Pennsylvania to require that mail in ballots be signed and dated!

(a) Race, color, or previous condition not to affect right to vote; uniform standards for voting qualifications; errors or omissions from papers; literacy tests; agreements between Attorney General and State or local authorities; definitions
(1) All citizens of the United States who are otherwise qualified by law to vote at any election by the people in any State, Territory, district, county, city, parish, township, school district, municipality, or other territorial subdivision, shall be entitled and allowed to vote at all such elections, without distinction of race, color, or previous condition of servitude; any constitution, law, custom, usage, or regulation of any State or Territory, or by or under its authority, to the contrary notwithstanding.

(2) No person acting under color of law shall-

(A) in determining whether any individual is qualified under State law or laws to vote in any election, apply any standard, practice, or procedure different from the standards, practices, or procedures applied under such law or laws to other individuals within the same county, parish, or similar political subdivision who have been found by State officials to be qualified to vote;

(B) deny the right of any individual to vote in any election because of an error or omission on any record or paper relating to any application, registration, or other act requisite to voting, if such error or omission is not material in determining whether such individual is qualified under State law to vote in such election; or

(C) employ any literacy test as a qualification for voting in any election unless (i) such test is administered to each individual and is conducted wholly in writing, and (ii) a certified copy of the test and of the answers given by the individual is furnished to him within twenty-five days of the submission of his request made within the period of time during which records and papers are required to be retained and preserved pursuant to title III of the Civil Rights Act of 1960 [52 U.S.C. 20701 et seq.]: Provided, however, That the Attorney General may enter into agreements with appropriate State or local authorities that preparation, conduct, and maintenance of such tests in accordance with the provisions of applicable State or local law, including such special provisions as are necessary in the preparation, conduct, and maintenance of such tests for persons who are blind or otherwise physically handicapped, meet the purposes of this subparagraph and constitute compliance therewith

https://uscode.house.gov/view.xhtml?req=...&edition=prelim

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Thanks.

It still remains a question as to how a state court can usurp the rulings of a federal court, and a federal appeals court at that.

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Quote: Sanguine wrote in post #8

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You mean those "professional journalists" got it wrong?

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