Submitted by Open_Veins_8 t3_y1ngy2 in Pennsylvania
Odd_Shirt_3556 t1_iryop35 wrote
Based on the US Supreme's decision today, it seems that our Commonwealth Court decision on minor defects being overlooked may be overturned after this election. My money is on the Supremes saying that you cannot ignore written law and ballot defects can be fatal flaws. It would support the current case before them that the legislature draws maps and the courts have no standing. I was surprised that Justice Kagan sided with the majority.
Time-U-1 t1_is3un52 wrote
But why didn’t SCOTUS uphold the written law this time? Probably bc the law is unjust.
Odd_Shirt_3556 t1_is443ni wrote
The race was over, the opponent conceded, and the winner was sworn in. The Supremes said it was moot to rule on this exact case but the 3 circuit was wrong in their reasoning. Our Commonwealth Court made the same ruling and that stands currently as law. After the election, it will be challenged by someone and while the state will count the ballots, when it is appealed to the Federal level, all bets are off and the state courts will probably be overruled.
Time-U-1 t1_is58vas wrote
The PA Secretary of State begs to differ.
Mail in ballots without written dates received prior to the election deadline will be counted.
Not sure what ruling you think is standing currently.
Odd_Shirt_3556 t1_is5awg0 wrote
Oh I agree. They will count them based on a current Commonwealth Court decision. But any challenges will end up in federal court after the election and the Supreme Court may vacate and overrule the Commonwealth decision
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