Case: Crossey v. Boockvar

COVID-19 Summary: On April 22, 2020, three Pennsylvania voters and the Pennsylvania Alliance for Retired Americans filed this lawsuit against the Secretary of the Commonwealth and the Director of the Bureau of Election Services and Notaries. The petitioners sought declaratory and injunctive relief against restrictions in vote by mail in Pennsylvania. They also sought a preliminary injunction as to the June 2 primary election which the court denied on May 28. The plaintiffs appealed, but Supreme Court later dismissed the appeal as moot on June 4 as the primary election was held on June 2.

On April 22, 2020, three Pennsylvania voters and the Pennsylvania Alliance for Retired Americans filed this lawsuit against the Secretary of the Commonwealth and the Director of the Bureau of Election Services and Notaries at the Commonwealth Court of Pennsylvania. The plaintiffs argued that the current obstacles voters encounter when requesting a mail ballot was violated the Free and Equal Elections Clause, Due Process Clause and the Equal Protection Clause of the Pennsylvania constitution. The plaintiffs were represented by private attorneys.

The plaintiffs sought declaratory and injunctive relief ordering the defendants to:

-Provide prepaid postage on all absentee and mail-in ballots;

-Implement additional emergency procedures to ensure that ballots delivered after 8:00 p.m. on Election Day due to mail service delays or disruptions, would be counted if otherwise eligible, to the extent that such procedures did not trigger Act 77’s non-severability clause;

-Allow voters to designate a third party to assist in collecting and submitting absentee or mail-in ballots and ensure that all such ballots would be counted if otherwise eligible; and

-Provide uniform guidance and training to election officials involved in verifying mail ballots and implement procedures to ensure that voters receive reasonable notice and an opportunity to cure signature-related defects on absentee or mail-in ballots before any ballot was rejected.

On May 8, the plaintiffs submitted a motion for preliminary injunction and expedited review for the approaching June 2 primary election. On May 11, the Pennsylvania Senate President Pro Tempore and the Senate Majority Leader sought to intervene. Three days later, the Speaker of the Pennsylvania House of Representatives, and the Majority Leader of the Pennsylvania House of Representatives also moved to intervene.

On May 28, the motion for preliminary injunction and expedited review was denied and the plaintiffs appealed to the Supreme Court of Pennsylvania. On June 4, the Supreme Court dismissed the appeal as moot as the primary election was held on June 2.

On June 17, the case was transferred to the Supreme Court of Pennsylvania after the defendant’s objections to the commonwealth court's jurisdiction over the case. The case is ongoing.