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Title: US Supreme Court orders Pennsylvania to segregate mail-in ballots received after 8 pm on Election Day
Source: [None]
URL Source: https://www.lifesitenews.com/news/b ... featured&utm_campaign=catholic
Published: Nov 7, 2020
Author: Gualberto Garcia Jones
Post Date: 2020-11-07 00:18:20 by A K A Stone
Keywords: None
Views: 218
Comments: 2

November 6, 2020 (LifeSiteNews) — An emergency order has been issued by the United States Supreme Court this evening requiring that all ballots that arrived at the Pennsylvania Election boards after the polls officially closed, be segregated and counted separately. The order is a response to a lawsuit from Pennsylvania Republican legislators who sued to stop a last-minute rule change by the Pennsylvania Secretary of State that would have allowed ballots received after 8 pm on election day to be counted and co-mingled with ballots that had arrived on time. The Republican state legislature had previously passed a law requiring mail-in ballots to be received by 8 pm on election day. But after Democrats sued, the Democrat-controlled Pennsylvania Supreme Court ruled unilaterally to extend the deadline for three additional days, allowing ballots arriving late to be counted towards the vote tally. Last week, Pennsylvania Republicans argued before the United States Supreme Court to uphold the legislature's standard and set aside the state court's extension, but John Roberts and the liberal wing of the United States Supreme Court effectively sided with the State Supreme Court by refusing to get involved. The vote at the Supreme Court was 4-4 and did not include newly appointed Amy Coney Barret. As explained by the Republican legislators in a press release published on election day, the Secretary of State had assured the US Supreme Court during the hearings on October 28 that ballots arriving after the polls closed would be kept separate. However, on November 1st, the Secretary of State issued directives that directly contravene what had been promised to the US Supreme Court, in effect allowing ballots that arrived late to be co-mingled with ballots that had arrived on time. Today's order, written by Justice Alito, highlights the fact that the Pennsylvania Secretary of State did not inform the US Supreme Court of the last-minute modification and immediately order all county boards of election to abide by the original order that required the ballots to be kept separate in order to preserve the evidence while the courts investigate and resolve the legal matters before them. Without separate counts and segregation of the ballots, no legal remedy would likely be possible.

The full text of the order reads: Supreme Court of the United States No. 20A84 Republican Party of Pennsylvania Applicant v. Kathy Boockvar, Secretary of Pennsylvania et al.


All county boards of election are hereby ordered, pending further order of the Court, to comply with the following guidance provided by the Secretary of the Commonwealth on October 28 and November 1, namely, (1) that all ballots received by mail after 8:00 p.m. on November 3 be segregated and kept “in a secure, safe and sealed container separate from other voted ballots,” and (2) that all such ballots, if counted, be counted separately. Pa. Dep’t of State, Pennsylvania Guidance for Mail-in and Absentee Ballots Received From the United States Postal Service After 8:00 p.m. on Tuesday, November 3, 2020 (Oct. 28, 2020); Pa. Dep’t of State, Canvassing Segregated Mail-in and Civilian Absentee Ballots Received by Mail After 8:00 p.m. on Tuesday, November 3, 2020 and Before 5:00 p.m. on Friday, November 6, 2020 (Nov. 1, 2020). Until today, this Court was not informed that the guidance issued on October 28, which had an important bearing on the question whether to order special treatment of the ballots in question, had been modified. The application received today also informs the Court that neither the applicant nor the Secretary has been able to verify that all boards are complying with the Secretary’s guidance, which, it is alleged, is not legally binding on them.

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#1. To: All (#0) (Edited)

www.baltimoresun.com/news...pm-1994-02-20-1994051024- story.html

www.nytimes.com/1994/02/1...vote-fraud-ruling-shifts- pennsylvania-senate.html

A K A Stone  posted on  2020-11-07   0:19:24 ET  Reply   Trace   Private Reply  

#2. To: All (#1)

'Tainted' Pa. Senate election is voided New York Times News Service THE BALTIMORE SUN

PHILADELPHIA -- Saying Philadelphia's election system had collapsed under "a massive scheme" by a Democratic candidate to steal a state Senate election in November, a federal judge took the rare step of invalidating the election and ordered the seat filled by the Republican candidate.

In making such a sweeping move, Judge Clarence C. Newcomer of U.S. District Court in Philadelphia did for the Republicans what the election had not: enabled them to regain control of the state Senate, which they lost two years ago.

Judge Newcomer ruled Friday that the Democratic candidate, William G. Stinson, had stolen the election from Bruce S. Marks in North Philadelphia's 2nd Senatorial District through an elaborate fraud in which hundreds of residents were encouraged to vote by absentee ballot even though they had no legal reason -- such as a physical disability or a scheduled trip outside the city -- to do so.

In many instances, according to Republicans who testified at a four- day hearing last week, Democratic campaign workers forged the names of people on dozens of absentee ballots who were living in Puerto Rico, serving time in prison or, in at least one case, had been dead for some time.

"Substantial evidence was presented establishing massive absentee ballot fraud, deception, intimidation, harassment and forgery," Judge Newcomer wrote in a decision made public Friday.

The district, which includes white, black and Hispanic neighborhoods, is overwhelmingly Democratic by registration. Nonetheless, campaign workers testified that widespread voter apathy had prompted them to promote a "new way to vote" to ensure a victory.

At issue is whether the door-to-door solicitation of votes that the Democrats conducted is permissible under the state election code, which says the Philadelphia County Board of Elections "shall deliver or mail" the ballots to a voter.

The city, whose lawyers represented the Board of Elections, contended that the statute was open to broad interpretation, but throughout the hearing Judge Newcomer made it clear that he believed otherwise.

But the two Democrats on the three-member Board of Elections, elected body, testified that they were aware of the voter fraud, had intentionally failed to enforce the election law, and had later tried to conceal their activities by hurriedly certifying the Democratic candidate as the winner.

Judge Newcomer ordered that Mr. Stinson, a former assistant deputy mayor of Philadelphia, be removed from his state Senate office and that Mr. Marks, a lawyer and former aide to U.S. Sen. Arlen Specter, be certified the winner within 72 hours.

"This is extraordinary relief," Judge Newcomer wrote. "However, it is appropriate because extraordinary conduct by the Stinson campaign and the board tainted the entirety of the absentee ballots."

But the two parties agreed that Mr. Marks would not try to enforce the order until the U.S. Court of Appeals for the 3rd Circuit in Philadelphia reviewed an appeal that Mr. Stinson said he would file Tuesday.

The dispute involves a special election in November to fill a state Senate seat made vacant by a Democratic senator's death.

The election was crucial because the party that won the seat also won control of the 50-member state Senate.

The judge decided to hear the case, brought by the Pennsylvania Republican Party, after state election officials and state courts rejected the Republicans' claims.

The Republicans have an appeal now before the state's highest court. They also went to federal court on the grounds that there were violations of the Voting Rights Act and Civil Rights Act.

The Democrats, fearing that the court would rule against them, suddenly adjourned the state Senate on Monday, two days ahead of schedule. But when the Senate reconvenes next month, barring any successful Democratic appeal, Republicans will control the Senate by outnumbering Democrats by 26-24.

Republican leaders minimized the effect of Friday's ruling, saying they were eager to work with Gov. Robert P. Casey, a Democrat.

A K A Stone  posted on  2020-11-07   0:23:06 ET  Reply   Trace   Private Reply  

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