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Weekly Caselaw Updates

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Migliori v. Cohen

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…

Migliori v. Cohen
3rd Circuit

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… Continue reading Migliori v. Cohen

Fulton Co. v. Sec’y
Pennsylvania Commonwealth Court

The County of Fulton and other parties filed an Amended Petition for Review (Amended Petition) in the Pennsylvania Commonwealth Court against the Secretary of the Commonwealth (Secretary) to challenge her decertification of two electronic voting devices that the County leased. Count III of the Amended Petition asserted that a directive, which prohibits all county boards… Continue reading Fulton Co. v. Sec’y

In re Nomination Petition of Bingham as Candidate for the Office of Democratic Comm. Person Ward 45, Division 9
Pennsylvania Commonwealth Court

The Pennsylvania Commonwealth Court reviewed the order of the trial court that dismissed a citizen’s objections to a candidate’s petition to be included on a ballot for an election. The objecting citizen served the candidate by leaving a copy of the Objection Petition in the mailbox on the outside wall of the candidate’s residence. The… Continue reading In re Nomination Petition of Bingham as Candidate for the Office of Democratic Comm. Person Ward 45, Division 9

Carter v. Chapman
Pennsylvania Supreme Court

The Pennsylvania Supreme Court undertook the “unwelcome obligation” of determining the state’s new congressional redistricting plan because the General Assembly and the Governor failed to do so. The Court rejected the proposal of its special master and instead adopted the “Carter Plan”. In very SCOPA fashion, the seven-member Court issued seven opinions in this 4-3… Continue reading Carter v. Chapman

Benezet Consulting LLC v. Sec’y Pa.
3rd Circuit

The Third Circuit held that permanent injunctive relief should extend to all future elections for Appellants Benezet and Pool only. Appellants are out-of-state petition circulators. In Pennsylvania, a candidate seeking to be placed on a major political party’s ballot must obtain 2,000 signatures from individuals who are both registered voters within the Commonwealth and members… Continue reading Benezet Consulting LLC v. Sec’y Pa.

In re Establishment of Cong. Dist. by the NJ Redistricting Comm’n
New Jersey Supreme Court

This matter involved a legal challenge to the congressional redistricting map selected by the New Jersey Congressional Redistricting Commission. In December 2021, a majority of the Commission’s members voted in favor of the map the Democratic delegation presented. Plaintiffs, the Republican delegation to the Commission, filed an amended complaint in January 2022 to challenge that… Continue reading In re Establishment of Cong. Dist. by the NJ Redistricting Comm’n

McLinko v. Pa. Dep’t of State
Pennsylvania Commonwealth Court

A divided panel of the Pennsylvania Commonwealth Court held that Act 77 — which established that any qualified elector may vote by mail — violated the Pennsylvania Constitution and is thus void. The ruling, however, is of minimal impact and precedent. The State sought review by the state Supreme Court immediately, triggering an automatic stay… Continue reading McLinko v. Pa. Dep’t of State

League of Women Voters of Penn. v. DeGraffenreid
Pennsylvania Supreme Court

The Pennsylvania Supreme Court affirmed an order of the Commonwealth Court which had entered a permanent injunction prohibiting the enactment of the “Victim’s Rights Amendments” to the state constitution. The voters of Pennsylvania passed the amendments in the general election, but the Supreme Court held that the Victim’s Rights Amendment was, in actuality, a collection… Continue reading League of Women Voters of Penn. v. DeGraffenreid

Twp. of Montclair Comm. of Petitioners v. Twp. of Montclair
New Jersey Appellate Division

Weeks after the COVID pandemic hit, a municipal clerk rejected a petition for a referendum. The petition did not have the requisite number of signatures to make it onto the ballot because  – in the clerk’s view – the voter’s e-signature from the online petition did not match the signatures on record with the State… Continue reading Twp. of Montclair Comm. of Petitioners v. Twp. of Montclair

Nat’l Election Def. Coal. v. Boockvar
Pennsylvania Commonwealth Court

The plaintiffs’ core missions include helping members of the electorate exercise their right to vote in free and fair elections and ensuring that elections are conducted on secure, accessible, transparent, and auditable systems. The defendant was the Secretary of State, who is charged with the supervision and administration of Pennsylvania’s election laws. At issue were… Continue reading Nat’l Election Def. Coal. v. Boockvar