PA Dem Party. v. Boockvar, et al : Boockvar (majority)Annotate this Case
The Pennsylvania Democratic Party and several Democratic elected officials and congressional candidates, some in their official capacity and/or as private citizens (collectively, “Petitioner”), filed suit seeking declaratory and injunctive relief relating primarily to five issues of statutory interpretation involving Act 77 of 2019 and the Election Code, 25 P.S. sections 2600-3591. The Pennsylvania Supreme Court exercised Extraordinary Jurisdiction to address these issues and to clarify the law of the Commonwealth in time for the 2020 General Election. Petitioner requested: (1) declaratory relief to confirm Act 77 permitted local election boards “to provide secure, easily accessible locations ... where appropriate, mobile or temporary collection sites, and/or drop-boxes for the collection of mail-in ballots; (2) an injunction to “lift the deadline in the Election Code across the state to allow any ballot postmarked by 8:00 p.m. on Election Night to be counted if it is received by the Boards” by 5:00 p.m. on Tuesday, November 10, the deadline for ballots to be received under the Federal Uniformed and Overseas Citizens Absentee Voting Act or to allow boards discretion to extend deadlines to 21 days after the voter's ballot is mailed by the county; (3) an injunction requiring boards to contact electors whose mailed-in ballots are incomplete or incorrectly completed; (4) a declaration there was no no statutory authority to set aside an absentee or mail-in ballot solely for failure to place it into the "secrecy envelope"; and (5) a declaration that the “Election Code’s poll watcher residency requirement does not violate the United States Constitution’s First and Fourteenth Amendments, its Equal Protection Clause, or the Equal Protection and Free and Equal Elections Clauses of the Pennsylvania Constitution.” The Supreme Court granted relief on counts 1, 2 and 5 of the petition; the Court denied relief sought on counts 3 and 4.