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Absentee Ballots Delivered by Third Parties

Robert Timothy Reagan, Margaret S. Williams, Marie Leary, Catherine R. Borden, Jessica L. Snowden, Patricia D. Breen, Jason A. Cantone
October 31, 2012
Available Online Only

Pierce v. Allegheny County Board of Elections (Joy Flowers Conti, W.D. Pa. 2:03-cv-1677)
On the Friday before the November 2003 election, two candidates filed a federal action to enjoin the counting of absentee ballots that were delivered to the board of elections by persons other than the voters. The district judge cleared her calendar and held a hearing that afternoon, after which she ordered the ballots in question segregated. The judge conducted a day-long hearing on Monday; on Tuesday, she ruled that the ballots should remain segregated and deemed challenged under state law. State officials and state courts eventually determined that some of the ballots in question were valid and some were not.
Topics: Absentee ballots; ballot segregation; matters for state courts.

One of many Case Studies in Emergency Election Litigation.