Federal Appeals Court Steps into PA Election Count, Overrules State Courts

Federal appeals court says undated Pa. mail ballots should be counted, a decision that breaks with state courts and could have immediate impact. So reads the headline. Earlier I reported of the problems with certain ballots unable to be read by machine.

Now we learn that the Federal courts steps into the midst of the counting of ballots with a ruling.

The ruling could open a new fight immediately, as David McCormick and Mehmet Oz head toward a recount.

Pennsylvania mail ballots submitted without a date on the envelope last year should be counted, a federal appeals court said Friday, a ruling that could mean thousands more votes get counted in elections moving forward — starting with this past Tuesday’s primary.

The ruling will also almost certainly reignite the smoldering political fight over undated mail ballots; create new questions and pressure for county elections officials as they continue to count votes from this week’s primary; and create another potential opening for county-by-county legal challenges as the Senate Republican primary heads toward a likely recount.

The full extent of the decision’s impact is unclear, because the court issued a judgment and said an opinion would come later. But based on the order, lawyers from both parties said, the path was suddenly cleared for counties to count the undated mail ballots they had been preparing to reject this election

…But throwing out those votes violates the federal Civil Rights Act, the ACLU argued, because the date isn’t actually used in determining the legitimacy of a vote.

Read more

The handwritten dates are required even though mail-in ballots are usually postmarked and routinely stamped when received by county elections offices.

The trailing candidate, Zac Cohen, lost a state lawsuit over the signature requirement earlier this year and the Pennsylvania Supreme Court declined to take the appeal.

Five voters whose ballots were thrown out in that election, represented by the American Civil Liberties Union, then filed a federal lawsuit. They lost at the district court level before the appeals judges overturned that decision on Friday.

Department of State spokeswoman Grace Griffaton said Friday the Pennsylvania elections agency planned to canvass counties to determine how many of those ballots inside envelopes without signatures have been tossed, and officials plan to issue fresh guidance based on the ruling. Source

Then what? Meanwhile there are tens of thousands of mail ballots yet to be counted though as I write this I cannot find any source as to the exact number. And the chain of custody?

Here is an overview of the extent of the ballot issue prior to the election.

Returning to our original problem that Bunker previously posted regarding Lancaster County PA:

PA 21,000 Mail Ballots to be ‘Hand Marked’ Due to Printing Error

A novel approach to correct this was to ask on the local Lancaster TV station for volunteers to come down and replace the ballots unreadable with new marked ballots. The chain of custody was meager as best after hours. There certain was no hurry in completing the process. Ballots were processed from 9 am to 6 pm and last I heard were completed for this county on Saturday. What happened to ballots the other hours is unknown and no one has asked.

The glitch will force election workers to hand-mark fresh ballots, a process expected to take several days. Officials in the county, the state’s sixth most populous, pledged that all the ballots will be counted eventually. But by whom? How about the local candidates where a few votes can make all the difference.

Here is how Lancaster is going.

Just a refresher: PA had Dominion last election when there were “machine cliches” – Wander over to the link below for the Pennsylvania details and more.

Mentioned during a Fox News interview by host Maria Bartiromo were Nadeam Elshami, House Speaker Nancy Pelosi’s former chief of staff who last year became a lobbyist for Dominion, and Richard Blum, California Sen. Dianne Feinstein’s husband, who she said is a significant shareholder in the company.


The company, which has about a third of the voting machine market, according to Bloomberg, has faced scrutiny in the past couple of days with voting problems reported in parts of Michigan and Georgia, although the company and local officials have discounted the idea that the software was to blame.

Dominion has customers in 28 states and Puerto Rico, including all of the battleground states where Trump and his allies are contesting and pinning their hopes on recounts after media outlets called the presidential race for Biden.

cut….(Again, this is PA) – Last election:

Chris Varney, Judge of Elections says they were initially under the impression that it was a problem with all ballots, but then determined it was only a problem with Republican ballots. Varney says he was unaware of which specific precincts were dealing with the same issue, but that this same issue was happening in numerous locations across Fayette County.

The solution provided by Fayette County officials was to collect ballots from voters and store them in the back of voting machines — but not to scan any of them to ensure the process was handled in a fair manner.

We’ve heard different variations of this story ever since November 3, 2020, when voting machines seemed to switch votes from Republicans to Democrats. At the heart of the scandal during the big election were Dominion Voting Machines. Certainly they’re not at the heart of this particular voter “challenges” story as well, right?

The best of the swamp. Just GOP ballots wouldn’t you know? The old “coding error. And PA still has drop boxes..

The very best of the swamp. Indeed.

For the best aggregator of conservative news push the button

46 Responses to “Federal Appeals Court Steps into PA Election Count, Overrules State Courts”

  1. kidme37 Says:

    I understand that in California and New York, all ballots are acceptable, whether carried in by monkey, hacked up by cats and covered in wet fur, or handwritten on McDonald’s happy meal boxes, hallmark holiday cards for holidays which expired decades ago, or simply people coming in to the polling places swearing on the Bible that they passed 20,000 or more people who swore they want their vote to be for the democrat candidate and would ‘you please let them know at the polling place so they can just add that number to the total’.
    Any vote submitted by any method not listed here is acceptable and counts double if for the democrat candidate.

    Liked by 3 people

    • bunkerville Says:

      It makes sense to me…why not, a lot easier than trying all these other methods. Make Dominion happy

      Liked by 1 person

    • Mustang Says:

      I am amazed that anyone thinks that elections matter. The “impeachments” of Trump were never about Trump. This was when the partisan congress wanted to demonstrate to the American people that they were far too stupid to be trusted with voting and used impeachment to overturn the election. Now, when you think about this, how do you keep “stupid Americans” in their place? You do it by making sure that your party retains control of the House and hopefully, the senate. This is such a critical issue that it justifies voting fraud on such a wide scale that it can never (ever, ever, ever) be sorted out and returned to its original condition. If those stupid people don’t like it, if they protest, then you use the military to arrest them and hold them in jail for a year or two until their cases go to trial, which prosecutors drag out for as long as possible. What else doesn’t matter if elections don’t matter? Honest courts, officials, institutions, and politicians don’t matter. What matters is winning political contests and then controlling the stupid people.

      Liked by 3 people

  2. Larry Says:

    BULLSHIT…….. Time for truth if YOU really want freedom! VOTE, NO MATTER WHAT.

    Liked by 3 people

  3. 8675310 Says:

    The Constitution says that state legislatures make the rules regarding elections. The judges took an oath to protect and defend the Constitution. The judges say that the legislature is “immaterial”.
    Gee, something doesn’t add up there. But, of course, when you allow them to steal an election, in full public view, and you then ignore it, it WILL happen again. Why should they listen? You don’t have a vote.

    Liked by 3 people

  4. Baysider Says:

    That’s what’s happening at the state level in California. The top 2 vote getters in the primary run in the final. And to be sure it’s rigged, they dumped the safeguard of closed primaries. It saved cheaters the trouble from cross registering with the other party to vote in that party’s primary. Done under the guise of getting “moderate” candidates. It’s a transparent shield for the real purpose which is to only elect Democrats to state office. It affects federal offices too, but locks down the state to Democrats. People living east of I-5 pretty much have no voice.

    Liked by 2 people

  5. Baysider Says:

    It would be interesting to see a map of the nation in which the areas run by Democrat registrars and worked by Zuck backed activist crews are colored in, with a slight hatched overlay of Democratic Secretaries of State. In other words, the spread of the cancer. Then compare that to where irregularities happen. True The Vote has the mindset for such a task, but not sure about the administrative depth to carry it out. It would be a rabbit trail from their mission of spotlighting then suing for relief.

    Liked by 1 person

  6. markone1blog Says:

    I would like to see how this passes Constitutional muster. If Pennsylvania state law on ballots says that ballots must be dated to be counted, then don’t count them.

    If a federal judge steps in and demands they be counted, what authority does that judge cite to demand that the ballots be counted?

    Let me make this easy for them: CRT does not stand as a justifiable source for causing a recount. Neither does “Joe is about to lose his excuse for being in office.” Likewise, you cannot source critical transgender theory.

    Liked by 1 person

    • markone1blog Says:

      Still, who am I to try to apply logic to a court decision? The Roe versus Wade decision has stood for 49 years as “legal precedent.”

      Liked by 1 person

      • bunkerville Says:

        Thinking about this, one of the intents is that there will be one long nasty battle between the GOP candidates. Now some counties are counting the ballots without and some with… it will be months until this is sorted out now.


      • Baysider Says:

        Agree Bunk. It’s creating conflict in the back field. But with a horrible, lawless precedent. The left doesn’t care. It’s about the battle now – AND they’ll take the precedent thank you.

        Liked by 1 person

  7. D3F1ANT Says:

    Why not save the expense of sham elections and just allow the Democrats to have any office they desire….since we just let them cheat until they win, anyway!? Even when the GOP uncharacteristically challenges the corruption, there’s always another appeal and another court or a higher ruling…until the DemComs finally get their way!

    Liked by 3 people

  8. geeez2014 Says:

    Break the rules if it might reflect badly on Republicans. Typical.

    Liked by 2 people

    • bunkerville Says:

      This ruling will potentially set a precedent for other states. All they need to claim is a civil rights violation.

      Liked by 1 person

      • Baysider Says:

        or set one up to claim – a little street theater. It wouldn’t be the black panthers blocking voters at the polls. Noooo.

        Liked by 2 people

      • bunkerville Says:

        Yep….find a way or make one.

        Liked by 1 person

      • geeez2014 Says:

        I saw that, yes. Definitely could set a precedent. Thankfully, I firmly believe the ‘civil rights’ ANYTHING is getting old, even with Black Americans who are starting to flee the Democrat party…..particularly the young ones, people like Herschel Walker are getting popular, Stacy Abrams made a fool of herself this wknd, Georgia’s voting numbers are HUGE and that shows how ridiculous the CIVIL RIGHTS claim that voting was made more difficult by the Republicans….etc etc ETC etc.

        Liked by 2 people

      • Baysider Says:

        Z – I hope so.

        Liked by 1 person

  9. Jerry Mander Says:

    This election is about which Globalist will be elected to do the same thing the other one would do.

    Liked by 2 people

  10. Bill Heffner Says:

    Do you still think thatRepublican are going to assume control of Congress this November? Or ever?

    Liked by 2 people

  11. Baysider Says:

    The cheaters, and the idealists who they enlist in their ’cause’, have wanted to federalize elections for a long time. They have no truck for Federalism – too messy for a clean sweep.

    Example: when the Senate was ready to jam through a $40B ‘aid’ package to Ukraine under the ‘unanimous consent’ rule (with Schumer and McConnell joining hands and singing kumbaya), Rand Paul (yea!) stood up and said he’s adding an oversight provision. “My oath of office is to the US Constitution, not to any foreign nation….We cannot save Ukraine by dooming the US economy… So I act to modify the bill to allow a for a special inspector general. This would be the inspector general that’s been overseeing the waste in Afghanistan and has done a great job.” Snark!

    This is all at the federal level but illustrates the “messiness” of having have competing allegiances fight for turf which is the whole layout of our federalist systems. Otherwise, the whole $40B would surely go into the pockets of WEF aligned power brokers (and pay for a broken pension system when we can’t pay for our own!).

    Likewise, the states totally have the right to decide election protocols as long as they are the same for all voters.

    nrringlee: Sadly, the left never battles over ideas any more. They only did that when they were an insignificant sliver of our institutions. Not they battle for emotions. If they can turn on emotions the mind stops working right. That’s just a fact of physiology.

    Liked by 2 people

    • bunkerville Says:

      I for one am shocked that there is zero coverage of this. Since Friday. I don’t post politics on the weekend and was sure this would headline the weekend. Even Maria from Fox Business Sunday Morning Futures talked about the Senate race without any mention of this. This will federalize as you so well point out State elections.. THIS MUST BE APPEALED. They have no right to interfere. Meanwhile one county has not reported and there is a missing thumb drive….yikes…. Rand Paul.. a voice in the wilderness….

      Liked by 2 people

  12. nrringlee Says:

    On another subject we owe it to ourselves and the future of our Republic to watch Dinsesh D’Sousa’s work “2000 Mules.” This work documents the wonderful work done by True the Vote and gives us solid forensic evidence on massive vote fraud in the five swing states. While watching this please keep in mind the law suits filed by Judicial Watch and many others forcing county registrars to purge voter rolls. Voter rolls bloated with expired and ‘expired’ names and addresses are the grist of the vote harvesting mills as are unsuspecting and ill informed communities who have their ballots literally stripped from their hands. In my home state of Arizona we have a current investigation of exactly this going on in La Paz County and more going on in Maricopa County.

    So here is the bottom line. The ideas and ideologies of the Progressive New Left do not prevail in the battleground of ideas. So they must cheat. Fraud in 2020 will be found to be massive. Mark my words.

    Liked by 3 people

    • bunkerville Says:

      This sure is a beginning.. What happened to States running their elections? I can only hope the GOP has the sense to appeal this to the full third circuit…. if not every state election will be run under the rubric of a civil rights violation,

      Liked by 2 people

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s

%d bloggers like this: