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US appeals court to decide if Pennsylvania mail-in ballots with wrong date still count
APnews ^ | 2/20/24 | BY MARYCLAIRE DALE AND MARK SCOLFORO

Posted on 02/21/2024 5:49:06 AM PST by CFW

PHILADELPHIA (AP) — A federal appeals court must decide if Pennsylvania voters need to put accurate handwritten dates on the outside envelopes of their mail-in ballots for the votes to count, a dispute with implications for this year’s presidential contest.

The 3rd U.S. Circuit Court of Appeals held oral arguments in Philadelphia Tuesday over a district judge’s ruling in November that even without the proper dates, mail-in ballots should be counted if they are received in time.

Ari Savitzky, a lawyer with the American Civil Liberties Union representing several voter groups, told the court that more than 10,000 ballots in Pennsylvania were disqualified in 2022 based on what he called “a meaningless paperwork error.” He argued that the “materiality provision” of the 1964 Civil Rights Act was designed to prevent that.

“An immaterial mistake on a piece of paperwork doesn’t go to the deficiency or validity of the ballot itself,” he argued before the three-judge panel.

[snip]

Lawyer John M. Gore, representing state and national Republican groups challenging a district court ruling last year, said “the right to vote is not denied” when the state qualifies someone to vote, sends them a ballot and then rejects the ballot “because they failed to follow Pennsylvania law.”

(Excerpt) Read more at apnews.com ...


TOPICS: Constitution/Conservatism; Front Page News; Politics/Elections; US: Pennsylvania
KEYWORDS: appealscourt; ballots; electionfraud; pa; vbm; votebymail
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If someone cannot complete their ballot properly, it shouldn't be counted.
1 posted on 02/21/2024 5:49:06 AM PST by CFW
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To: CFW

Just count ONLY the ballots of those who go in person and election day. People in Rest Homes on respirators probably should not be voting.


2 posted on 02/21/2024 5:53:28 AM PST by rovenstinez
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To: CFW
The 3rd U.S. Circuit Court of Appeals held oral arguments in Philadelphia Tuesday over a district judge’s ruling in November that even without the proper dates, mail-in ballots should be counted if they are received in time.

Damn, that’s going to put a lot of pressure on the post office. Want to bet the post office sues next to remove the “received in time” requirement?

3 posted on 02/21/2024 5:57:47 AM PST by Lockbox (politicians, they all seemed like game show hosts to me.... Sting…)
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To: CFW

Just shows the Democrats recognize their voters are incompetent.


4 posted on 02/21/2024 5:57:53 AM PST by LibertyOh
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To: rovenstinez
How many had the same wrong date?

It would seem that would indicate some shenanigans Would it not ...?

5 posted on 02/21/2024 5:58:38 AM PST by 1of10 (be vigilant , be strong, be safe, be 1 of 10 .)
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To: CFW

Handwriting and dates are not the domain of your average Philly voter.


6 posted on 02/21/2024 6:00:34 AM PST by BillyBonebrake
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To: rovenstinez

“People in Rest Homes on respirators probably should not be voting”.

Nor felons in jail. IMO.


7 posted on 02/21/2024 6:02:37 AM PST by Does so ( 🇺🇦...Motels for Migrants give legitimate addresses for mail-in ballots.)
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To: CFW
I'm thinking they will work it so that the only thing disqualifying a ballot will be if the vote is for anyone other than a Democrat.

They just have to figure out how to do that without saying it...

8 posted on 02/21/2024 6:04:03 AM PST by jeffc (Resident of the free State of Florida)
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To: CFW

The state legislature (the people) passed a law to require ballots display proper dates. Why the hell is the court involved?

The Pennsylvania state constitution authorizes ONLY the legislature to make election laws and rules for voting. Not the governor, not the Secretary of State and not the courts.

Anyone who tries to usurp the constitution should be arrested, imprisoned and executed. /spit


9 posted on 02/21/2024 6:04:50 AM PST by Flavious_Maximus (Tony Fauci will be put on death row and die of COVID!)
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To: CFW
Many countries ban mail-in ballots for good reason. They are an easy way to promulgate voter fraud. If we (the U.S.) really cared about mitigating voter fraud, we would start with outlawing mail-in ballots except for the military and confirmed shut-ins.

Our democrat controlled media will continue to sell the idea that mail-in ballots are a good thing while in fact they are the problem.

BTW - a republican controlled PA Legislature legalized PA mail-in ballots during the COVID scare. The PA Legislature is currently controlled by democrats; they will fight to maintain mail-in ballots because along with hackable machines, corrupt precinct officials, blocking republican observers .... it provides them another means of voter fraud.

10 posted on 02/21/2024 6:06:53 AM PST by JesusIsLord ( )
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To: BillyBonebrake

“Handwriting and dates are not the domain of your average Philly voter.”

Handwriting, like poll taxes and voter tests, is a denial of voting rights.

(That’s how lawyers see it—especially immigration-law attorneys).


11 posted on 02/21/2024 6:09:33 AM PST by Does so ( 🇺🇦...Motels for Migrants give legitimate addresses for mail-in ballots.)
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To: CFW; All

That all depends, does it help or hurt Donald Trump. That seems to be the only thing these election cases actually consider.


12 posted on 02/21/2024 6:35:31 AM PST by wiseprince (Me)
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To: fatima; Fresh Wind; st.eqed; xsmommy; House Atreides; Nowhere Man; PaulZe; brityank; Physicist; ...

Pennsylvania Ping!

Please ping me with articles of interest.

FReepmail me to be added to the list.

13 posted on 02/21/2024 6:39:48 AM PST by lightman (I am a binary Trinitarian. Deal with it!)
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To: Flavious_Maximus

“The state legislature (the people) passed a law to require ballots display proper dates. Why the hell is the court involved?”


I think the court is involved to determine what the meaning of “is” is.

The legislature passes the law and then left-wing groups run to the Courts to get them to twist the words of meaning of the law in order to give them an advantage.

I would suspect that a large number of the ballots with incorrect dates were produced in a ballot “boiler room” and those completing the ballots were given the incorrect date by their supervisor.


14 posted on 02/21/2024 6:44:29 AM PST by CFW (I will not comply!)
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To: CFW

Anything goes nowadays. Any wonder people don’t trust the voting process? Because there is no voting process.


15 posted on 02/21/2024 6:45:51 AM PST by 1Old Pro
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To: CFW

Hey, they probably still have some of those “special” post-election ballots from 2020. Same candidates!!! Why waste paper printing up new ones just because the date is four years old?


16 posted on 02/21/2024 6:50:27 AM PST by LizzieD
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To: CFW

I’m sure the court will rule that ballots witn 2020 dates on them will count in 2024.


17 posted on 02/21/2024 6:54:09 AM PST by Fresh Wind (Nothing says "Democracy" like throwing your opponent into jail.)
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To: CFW
Act 77, Universal Mail In Balloting, was passed unconstitutionally by a RINO majority legislature, before covid was on the radar.

Should have been struck down by the PASC, but they are far left.

There will never be another fair election in PA.

Looking for land in WV.

18 posted on 02/21/2024 6:57:52 AM PST by Eagles6 (Welcome to the Matrix . Orwell's "1984" was a warning, not an instruction manual.)
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To: CFW
If someone cannot complete their ballot properly, it shouldn't be counted.

When the first legal challenge to this ballot date requirement was filed, I predicted that it would never hold up under legal scrutiny. There are two simple reasons for it:

1. If the ballot is received on time, then the date on the envelope is irrelevant.

2. The basis of the legal challenge was sound, because there was no consistency in how the date requirement was applied across the state. Some election boards followed the letter of the law and excluded ballots with no dates on them, while accepting ballots with dates that were clearly incorrect and even farcical (7/4/1776, 12/7/1941, etc.).

19 posted on 02/21/2024 7:47:58 AM PST by Alberta's Child (If something in government doesn’t make sense, you can be sure it makes dollars.)
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To: lightman

Never received mail in ballot.Called twice and applied twice online.It all said it’s in the mail.


20 posted on 02/21/2024 12:50:29 PM PST by fatima
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