Pa. Supreme Court allows count of 2,000 ballots challenged by Nicole Ziccarelli
Source: 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.
Read more: https://www.post-gazette.com/news/crime-courts/2020/11/23/Pa-Supreme-Court-allows-count-ballots-challenged-Nicole-Ziccarelli-jim-brewster/stories/202011230112
FINALLY got a "news" link (PA media is obsessing over the alcohol ban PA put into place for Wednesday night )
Ruling: http://www.pacourts.us/assets/files/setting-7837/file-10677.pdf?cb=92fb2a
http://www.pacourts.us/news-and-statistics/cases-of-public-interest/election-2020/in-re-allegheny-county-provisional-ballots
Link to tweet
TEXT
@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
sheshe2
(83,654 posts)IllinoisBirdWatcher
(2,315 posts)AND NOW, this 23rd day of November, 2020, the Petition for Allowance of Appeal
is DENIED
An that's it, folks.
Initech
(100,038 posts)Cha
(296,838 posts)Dereliction of duty, & Mass Negligent Homicide. & Impeached for Treason.
DeminPennswoods
(15,265 posts)but it will save a Dem seat in the state senate. On the local kDKA news, they showed the votes for Brewster, the D, and Zicarelli, the R. It was Brewster up by 1 vote!
Allegheny county actually already has counted these ballots based on the initial ruling that allowed it. The commonwealth court's reversal came after they'd already counted, but not included the results in the official results. The count favored Brewster, so he will end up retaining his seat.
BumRushDaShow
(128,441 posts)Link to tweet
TEXT
@PhillyVotes
The PA Supreme Court has issued a ruling in In Re: Canvass of Absentee and Mail-In Ballots of November 3, 2020 General Election, the Return Board will meet tonight, Monday 11-23-2020 at 7pm to sign the Certification of the 2020 General and Special Elections.
Jeremy Roebuck
@jeremyrroebuck
BREAKING: PA Supreme Court upholds decisions allowing some 8,300 mail ballots in Philly to be counted.
"While failures to include a handwritten name, address or date ... [are] technical violations of the Election Code, [they] do not warrant wholesale disenfranchisement."
3:12 PM · Nov 23, 2020
According to the Inquirer reporter's tweet above, those votes were counted but not published so that should increase our tally in Philly by 8000+ more, meaning if that is true, then our tally should go from 749,317 to ~757,617 (67% turnout).
IsItJustMe
(7,012 posts)I will not rest until Biden's hand is in the air. But hey, I'll take it.
DeminPennswoods
(15,265 posts)in Westmoreland county when disputed ballots there were resolved. Brewster netted about 90 votes when the portion of Allegheny county votes that involved the 45th senatorial district (340ish) were counted, meaning Brewster should squeak by.