The first major U.S. Supreme Court decision of the 2024 election cycle has been handed down. The court accepted Virginia’s common sense behavior. remove Ineligible voters from the voter rolls.
In Pennsylvania, the Intermediate Court of Appeals previously Found Mail-in ballots with incorrect dates or undated mail-in ballots are counted Even if they do not comply with Pennsylvania law. Like the United States Supreme Court, the Pennsylvania Supreme Court followed the law and upheld the lower court’s opinion.
First, some news from the Supreme Court. Virginia scoured its voter rolls and removed people who notified the state that they were not citizens. This information comes from a variety of sources, but the important thing is that at some point these people self-reported to the state that they were not citizens and therefore ineligible to vote. Naturally, Virginia removed them from the roster based on their own statements. As a side note, Virginia has same-day voter registration, so citizens who are mistakenly left off the rolls can re-register and vote at their polling place on Election Day. (Related: Chad Ennis: Conservatives promote simple election rules, leftists embrace chaos)
Even though Virginia took action in August, the Biden-Harris Justice Department waited until October. bring the action situation. They argue that Virginia’s move to remove ineligible voters from the rolls is prohibited by federal law because the removal occurred less than 90 days before the November election. Biden vs. Harris wants to force Virginia to keep people on its voter rolls who told the state they weren’t eligible! I am reminded of the words of a law school professor. “If a law produces an unreasonable result, it’s being read the wrong way.” The Justice Department hasn’t heard of the case. Nevertheless, the Justice Department was able to convince the lower courts that it should do something absurd. Thankfully the Supreme Court intervened. allow Virginia excludes ineligible voters. This bodes well for what’s to come, as it suggests the Supreme Court will step in if lower courts step out of line during this election cycle.
Similarly, the Pennsylvania Supreme Court had to issue an emergency judgment to halt a lower court’s damning ruling.
It remains difficult to predict what will happen in Pennsylvania courts, but this should never be said about the law. Previously, both the Pennsylvania Supreme Court and the Federal Court of Appeals Found Pennsylvania law says mail-in ballots should not be counted if they are misdated or returned with the wrong date. These are not old opinions from when Pennsylvania was a colony. These opinions were made within the last few years. Precedent should settle the matter, but it won’t stop the ACLU. Their legal obsession is similar to Jason at the end of Friday the 13thth movie. He is thought to be dead, but he keeps getting up and trying to kill someone. (Related: CHud Ennis: Leftists are furious about common sense voting rules…again)
With a little twist that would have made Chubby Checkers proud, the courtroom was pretzeled to a conclusion.
First, the case itself concerns an uncontested special election. Ballots with the wrong date in question have no effect on the election, whether they are counted or not. If you look up “moot” in the dictionary, you’ll find an explanation for this incident. There is no reason for a court to rule on a legal question. It makes no difference to the controversy at hand.
Second, they had to ignore two previous decisions from higher courts on this very issue by pretending that their case raised a different legal issue.
Finally, the court ignored the legislature’s compromise and effectively rewrote the law. Pennsylvania’s mail-in voting bill would require ballot envelopes to be signed and dated, and if any part of the bill is deemed unconstitutional, the entire bill would be invalidated, preserving the terms of both parties’ negotiations. It contains the clause. Instead, the court struck down the provision, undermining the legislative arrangement. Such judicial activism threatens legislative compromise by making lawmakers fear that their agreements can easily be struck down by the courts.
can’t believe it!
Late on November 1, the Pennsylvania Supreme Court suspended this opinion, restored Previous guidance regarding misdated and undated mail-in ballots. Therefore, misdated or undated mail-in ballots will not be counted in the general election.
In the end, it’s a good thing that the U.S. Supreme Court has signaled that it will resolutely consider the issues that arise in the 2024 election. It is also good news that the Pennsylvania Supreme Court has indicated that it will ensure that Pennsylvania courts follow its precedent. Let’s hope both courts remain strong heading into the election.
Chad Ennis is the Vice President of the Honest Elections Project.
The views and opinions expressed in this commentary are those of the author and do not reflect the official position of the Daily Caller News Foundation.
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