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Migliori v. Cohen

3rd Circuit

May 27, 2022

The Third Circuit framed the issues in this appeal as follows: Whether “a date on the outside of a mail-in ballot, required under state law, is material to the voter’s qualifications and eligibility to vote. However, in resolving that question, we must decide whether private plaintiffs can even bring this suit to enforce the Materiality Provision of the Civil Rights Act.” The Court held that private plaintiffs have a private right of action to enforce § 10101 under 42 U.S.C. § 1983 and further held that the dating provisions contained in 25 Pa.C.S. §§ 3146.6(a) and 3150.16 are immaterial to a voter’s qualifications and eligibility under the Materiality Provision. Accordingly, the Court remanded and directed the District Court to enter an order to count the undated ballots at issue.

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