Resource: Pennsylvania Democratic Party v. Boockvar

By: Healthy Elections Project

September 6, 2020

Healthy Elections Project

Petitioners request a declaratory and injunction relief so as to protect the franchise of absentee and mail-in voters. On October 31, 2019 the Governor enacted Act 77 which permits no excuse mail-in voting for all qualified electors. Due to COVID-19, Act 12 was passed. This Act allowed counties to temporarily consolidate polling places, consequently there are less polling places available. It also allowed Pre-Canvass for mail in voting from 7am on Election Day. Petitioners request (i) Declaratory judgment that secure ballot drop-boxes are permitted. (ii) Injunction that mail-in and absentee ballots postmarked by 8pm on Election Day and received by the UOCAVA deadline must be tabulated; (iii) Injunction requiring boards to contact electors whose mail-in or absentee ballots contain facial defects, and provide an opportunity to cure such defects by the UOCAVA deadline; (iv) Declaratory judgment that boards must clothe and count naked ballots and an Injunction against boards from excluding such ballots; (v) Declaratory judgment that the poll watcher residency requirement does not violate the law.