Center for Coalfield Justice v. Washington County Board of Elections; Appeal of Republican National Committee and Republican Party of Pennsylvania

Summary

This is a dissenting opinion by Justice Brobson of the Supreme Court of Pennsylvania in an appeal concerning the treatment of defective mail ballots and provisional ballots in Washington County. The dissent argues that the majority improperly extends Genser v. Butler County Board of Elections, criticizes the county board's use of the Statewide Uniform Registry of Electors system, and contends that election boards lack authority to implement notice-and-cure procedures absent legislative authorization.

Questions Presented

1. Whether a mail ballot disqualified for a defective declaration envelope should be treated in the same manner as a void naked ballot under Genser v. Butler County Board of Elections.
2. Whether county election officials were authorized or required to provide notice and an opportunity to cast a provisional ballot when a mail-ballot packet was preliminarily segregated before the pre-canvass or canvass.
3. Whether county boards of elections may implement county-specific notice-and-cure procedures absent express statutory authorization.
4. Whether county-by-county differences in mail-ballot processing and notice procedures violate Pennsylvania constitutional requirements that elections be free and equal and election laws be uniform throughout the Commonwealth.

Disposition

other