ELECTION-RELATED HEARING DAY IN PENNSYLVANIA
10:00: Allegheny County hearing on whether or not to count about 2,000 ballots received on time, had everything right, except the person signed, but didn't date their ballot.
1:30: Trump campaign lawsuit in PA, federal court.
10:00: Allegheny County hearing on whether or not to count about 2,000 ballots received on time, had everything right, except the person signed, but didn't date their ballot.
1:30: Trump campaign lawsuit in PA, federal court.
I'll have a separate thread for the federal case.
But some context for this first hearing.
The Allegheny County Elections Board voted 2-1 to count these unsigned ballots.
The campaign for Nicole Ziccarelli (R) filed an appeal. She & Jim Brewster (D) are dozens of votes apart.
But some context for this first hearing.
The Allegheny County Elections Board voted 2-1 to count these unsigned ballots.
The campaign for Nicole Ziccarelli (R) filed an appeal. She & Jim Brewster (D) are dozens of votes apart.
Elections Board voted 2-1 to count these ballots.
Lone dissenter was Republican Sam DeMarco, who said "sadly, no" when he voted.
Letter of the law says declarations must be signed AND DATED, which is why he voted no.
Rich Fitzgerald and Bethany Hallam voted yes.
Lone dissenter was Republican Sam DeMarco, who said "sadly, no" when he voted.
Letter of the law says declarations must be signed AND DATED, which is why he voted no.
Rich Fitzgerald and Bethany Hallam voted yes.
Solicitor for the county believes that the law "bends towards enfranchisement".
So that's what hearing is about:
The letter of the law says "signed and dated", the other side says voters did everything right, just didn't put a date.
I'll post meaningful updates as they come:
So that's what hearing is about:
The letter of the law says "signed and dated", the other side says voters did everything right, just didn't put a date.
I'll post meaningful updates as they come:
Attorney for Ziccarrelli:
Begins by arguing that evaluating these ballots begins and ends with the law: "Required to have a signature and a date".
Says this is a "relatively straightforward proposition".
Begins by arguing that evaluating these ballots begins and ends with the law: "Required to have a signature and a date".
Says this is a "relatively straightforward proposition".
Board of Elections Attorney:
No fraud has been alleged, no malfeasance, nothing untoward.
2,349 people shouldn't be disqualified because of a "technical mistake" by not dating the ballots.
This is about protecting fundamental right to vote.
Find a way to enfranchise.
No fraud has been alleged, no malfeasance, nothing untoward.
2,349 people shouldn't be disqualified because of a "technical mistake" by not dating the ballots.
This is about protecting fundamental right to vote.
Find a way to enfranchise.
BoE attorney says Ziccarelli doesn't have standing.
Just 313 of these ballots are within the Ziccarrelli/Brewster race-some mail-in, some absentee.
Argues no reason to argue that these votes shouldn't be counted.
Says a similar case in Philadelphia Co, and court counted.
Just 313 of these ballots are within the Ziccarrelli/Brewster race-some mail-in, some absentee.
Argues no reason to argue that these votes shouldn't be counted.
Says a similar case in Philadelphia Co, and court counted.
BoE atty says Ziccarelli is challenging the eligibility of the voters who have these ballots, which wasn't done before election.
Says there are multiple verification steps to get mail-in ballot, and there's no good argument to challenge voter eligibility.
Says there are multiple verification steps to get mail-in ballot, and there's no good argument to challenge voter eligibility.
BoE gets into the weeds of language in the law.
Focuses on word "shall".
The law also says ballots "shall" be filled out in blue or black ink. No known cases of ballots being tossed because of the color of the ink.
Does same principle apply if ballot "Shall" be signed & date?
Focuses on word "shall".
The law also says ballots "shall" be filled out in blue or black ink. No known cases of ballots being tossed because of the color of the ink.
Does same principle apply if ballot "Shall" be signed & date?
Bottom lines: "enlarge the franchise so that votes count". "It should not be that a technical omission on an envelope would mean the vote should be thrown out."
"It does not require that a ballot should be filled out perfectly, but sufficiently."
"It does not require that a ballot should be filled out perfectly, but sufficiently."
PA Dems Attorney:
This is an attempt to disenfranchise. Each voter applied to VBM, received ballot, voted it, returned it in a timely way. No dispute about that.
Says ballots are timestamped when received and entered into state system, so they KNOW they were received on time.
This is an attempt to disenfranchise. Each voter applied to VBM, received ballot, voted it, returned it in a timely way. No dispute about that.
Says ballots are timestamped when received and entered into state system, so they KNOW they were received on time.
PA Dems Atty: compares "shall" to the state supreme court ruling about the secrecy envelopes. The language on that was more demonstrative such that there was unanimity on all sides that if no secrecy envelope, ballot can't be counted. This date issue leaves more wiggle room.
Ziccarelli Attorney:
"We acknowledge that there's a right to vote, but the right of vote is according to the rules of the legislature in the election code."
Have to follow rules in code as laid out by General Assembly. Talking about peripheral rules, not the plain language.
"We acknowledge that there's a right to vote, but the right of vote is according to the rules of the legislature in the election code."
Have to follow rules in code as laid out by General Assembly. Talking about peripheral rules, not the plain language.
Ziccarelli attorney says the language is so clear. That the board might be well meaning, but the letter of the law says what it says.
Judge in this case is pressing the attorney right now in a way he didn't press the PA Dems or Board of Elections attorneys.
Judge in this case is pressing the attorney right now in a way he didn't press the PA Dems or Board of Elections attorneys.
"It's a binary proposition, either the date is on, or it is not, according to the General Assembly."
Notes the BoE in Westmoreland DISALLOWED these types of ballots, and that wasn't appealed.
Says there's not unanimity of opinion on this across the state.
Notes the BoE in Westmoreland DISALLOWED these types of ballots, and that wasn't appealed.
Says there's not unanimity of opinion on this across the state.
HEARING OVER
Judge says he will issue a decision TOMORROW on this. Doesn't need any more briefs. Says all sides were well argued.
Now, we wait.
I'll try to get to any questions or responsible replies.
END THREAD
Judge says he will issue a decision TOMORROW on this. Doesn't need any more briefs. Says all sides were well argued.
Now, we wait.
I'll try to get to any questions or responsible replies.
END THREAD
JUDGE RULES TO COUNT BALLOTS
Judge Joseph James sides with Board of Elections to count 2,349 ballots received on time and signed, but not dated by the voter.
Here's the final paragraph of the judge's ruling.
Judge Joseph James sides with Board of Elections to count 2,349 ballots received on time and signed, but not dated by the voter.
Here's the final paragraph of the judge's ruling.
UPDATE
Nicole Ziccarelli has appealed to the Pennsylvania Supreme Court for an expedited review of this case. A quick appeal, indeed.
She's down 30 votes in the race against Democrat Jim Brewster.
313 of these ballots 2,349 ballots are for this race.
#WTAE
Nicole Ziccarelli has appealed to the Pennsylvania Supreme Court for an expedited review of this case. A quick appeal, indeed.
She's down 30 votes in the race against Democrat Jim Brewster.
313 of these ballots 2,349 ballots are for this race.
#WTAE
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