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PA State Supreme Court reverses lower court ruling and reinstates Allegheny County ballots
Pa. Supreme Court allows count of 2,000 ballots challenged by Nicole Ziccarelli
Julian Routh
Pittsburgh Post-Gazette
Striking down a Commonwealth Court decision, the Pennsylvania Supreme Court on Monday upheld a lower court ruling that permits the counting of 2,349 ballots in Allegheny County that were submitted without a written date on the outside, but were otherwise correct and delivered on time.
The Supreme Court reinstated the decision by Allegheny County Court of Common Pleas Senior Judge Joseph James, who had said the "lack of a written date on an otherwise qualified ballot is a minor technical defect that does not render it deficient."
The county, the Pennsylvania Democratic Party and state Sen. Jim Brewster, D-McKeesport -- whose electoral fate in a close 45th District race was to be directly impacted by the counting -- had asked the court to look at the issue.
Mr. Brewster's Republican opponent, Nicole Ziccarelli, had challenged the county's original decision to count the ballots -- a challenge that had lost in the Court of Common Pleas, then won on appeal in the Commonwealth Court. The Supreme Court struck down the Commonwealth Court ruling. The justices' opinions have not been posted yet.
https://www.post-gazette.com/news/crime-courts/2020/11/23/Pa-Supreme-Court-allows-count-ballots-challenged-Nicole-Ziccarelli-jim-brewster/stories/202011230112
Julian Routh
Pittsburgh Post-Gazette
Striking down a Commonwealth Court decision, the Pennsylvania Supreme Court on Monday upheld a lower court ruling that permits the counting of 2,349 ballots in Allegheny County that were submitted without a written date on the outside, but were otherwise correct and delivered on time.
The Supreme Court reinstated the decision by Allegheny County Court of Common Pleas Senior Judge Joseph James, who had said the "lack of a written date on an otherwise qualified ballot is a minor technical defect that does not render it deficient."
The county, the Pennsylvania Democratic Party and state Sen. Jim Brewster, D-McKeesport -- whose electoral fate in a close 45th District race was to be directly impacted by the counting -- had asked the court to look at the issue.
Mr. Brewster's Republican opponent, Nicole Ziccarelli, had challenged the county's original decision to count the ballots -- a challenge that had lost in the Court of Common Pleas, then won on appeal in the Commonwealth Court. The Supreme Court struck down the Commonwealth Court ruling. The justices' opinions have not been posted yet.
https://www.post-gazette.com/news/crime-courts/2020/11/23/Pa-Supreme-Court-allows-count-ballots-challenged-Nicole-Ziccarelli-jim-brewster/stories/202011230112
Ruling: http://www.pacourts.us/assets/files/setting-7837/file-10677.pdf?cb92fb2a (PDF)
http://www.pacourts.us/news-and-statistics/cases-of-public-interest/election-2020/in-re-allegheny-county-provisional-ballots
Link to tweet
TEXT
Marc E. Elias
@marceelias
🚨
🚨
BREAKING: Pennsylvania Supreme Court AFFIRMS our 5 victories in Philadelphia and REVERSES our one loss in Allegheny County.
Trump and his allies are now 1-35 in post-election litigation.
3:00 PM · Nov 23, 2020
@marceelias
🚨
🚨
BREAKING: Pennsylvania Supreme Court AFFIRMS our 5 victories in Philadelphia and REVERSES our one loss in Allegheny County.
Trump and his allies are now 1-35 in post-election litigation.
3:00 PM · Nov 23, 2020
7 replies
= new reply since forum marked as read
= new reply since forum marked as read
Sure hope so.
