New PA Project Education Fund et al. v. Schmidt and 67 County Boards of Elections

  • Filed: 09/25/2024
  • Status: Closed
  • Court: Supreme Court of Pennsylvania
  • Latest Update: Sep 25, 2024
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On September 25, 2024, 10 organizations filed a suit in the Pennsylvania Supreme Court, asking the court to stop enforcement of the commonwealth’s requirement that voters include a handwritten date on the return envelope of their mail ballot packets.

On September 25, 2024, 10 organizations filed a suit in the Pennsylvania Supreme Court, asking the court to stop enforcement of the commonwealth’s requirement that voters include a handwritten date on the return envelope of their mail ballot packets.

The organizations argue that disqualifying timely received ballots with a missing or incorrect handwritten date violates the rights of voters protected by the Pennsylvania Constitution’s free and equal elections clause.

Represented by the ACLU of Pennsylvania, American Civil Liberties Union, Public Interest Law Center, and law firm Arnold & Porter, the advocates asked the court to use its “King’s Bench” authority to consider the suit. That power allows the state Supreme Court to hear cases of public importance without first going through the lower courts.

The organizations that filed the lawsuit are New PA Project Education Fund, The State Conference of the NAACP, Common Cause Pennsylvania, League of Women Voters of Pennsylvania, Black Political Empowerment Project, POWER Interfaith, Make the Road Pennsylvania, OnePA Activists United, Casa San Jose, and Pittsburgh United.

On October 5, 2024, the court declined to hear the case.

Attorney(s):
Stephen Loney, Marian K. Schneider, Kate Steiker-Ginzberg, and Witold J. Walczak of the ACLU of PA; Sophia Lin Lakin and Ari Savitzky of ACLU; Benjamin Geffen and Mimi McKenzie of Public Interest Law Center
Pro Bono Firm:
John A. Freedman, James F. Speyer, David B. Bergman, and Elisabeth A. Theodore of Arnold & Porter Kaye Scholer LLP

The Lawsuit to Protect Thousands of Pennsylvania Voters

For thousands of voters in every election, an error on a meaningless requirement has meant that their ballots have been disqualified.

By Marian K. Schneider

Let People Vote 2022

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On May 28, 2024, ACLU-PA filed a lawsuit challenging the constitutionality of the commonwealth’s requirement that voters who submit mail ballots include a handwritten date on the voter declaration on the outside of the return envelope.