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Pa. Supreme Court again rules that Philly and other counties cannot count undated mail ballots

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Pa. Supreme Court again rules that Philly and other counties cannot count undated mail ballots


The Pennsylvania Supreme Court on Monday issued a ruling reiterating its previous stance that undated or misdated mail ballots should not be counted in the 2024 election, dealing a blow to Democratic U.S. Sen. Bob Casey’s hopes that a recount and litigation will help him overcome his more than 15,000-vote deficit to Republican Dave McCormick.

The 4-3 ruling, which was requested by the Republican Party and opposed by Casey’s campaign, followed moves by elections officials in Democratic-controlled counties — including Philadelphia, Bucks, and Montgomery — to have the ballots counted despite the high court instructing them to exclude those votes earlier in the year. The ruling applies to all counties.

» READ MORE: Undated mail ballots won’t be counted in next week’s election, Pa. Supreme Court rules

Democrats in those counties and elsewhere have pushed to include mail ballots with defects related to the dates voters are required to write on them because the dates are not used by election administrators to determine whether ballots are legitimate. Instead, they only count ballots that are received between when the ballots are distributed and Election Day, making it impossible for a vote to be counted outside of that timeframe regardless of what date a voter writes on the ballot.

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Republicans have argued that those votes must be excluded from the count because state law requires voters to date their mail ballots. McCormick’s campaign joined the GOP lawsuit after it was filed.

While the ruling settles how these types of ballots are handled this year, the longer legal battle may not be over because the court has not yet weighed in on the underlying question of whether rejecting undated ballots on what Democrats describe as a technicality constitutes a violation of rights guaranteed to voters by the state constitution.

In a ruling issued shortly before Election Day, the Pennsylvania Commonwealth Court found that it did, though that case centered on a special election held in Philadelphia earlier this year. The state Supreme Court stayed the lower court’s decision before Election Day, deciding at the time that it was too close to the Nov. 5 vote for any last-minute changes to rules surrounding which votes should be counted.

Democratic Justices David Wecht and Kevin Dougherty were joined by Republican Justices Kevin Brobson and Sallie Updyke Mundy in the majority decision Monday. Democratic Justices Debra Todd, Christine Donohue, and Daniel McCaffery dissented.

The total number of ballots in question is likely well under 10,000 and would not be enough to erase Casey’s deficit alone. But the three-term incumbent is also in legal fights with McCormick’s team over how various counties have handled certain categories of provisional ballots across the state.

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The Associated Press has called the race for McCormick, but Casey has declined to concede.

Casey campaign manager Tiernan Donohue said Monday that the Democrat wants to ensure all legitimate votes are counted and is being opposed by McCormick’s campaign efforts to “disenfranchise” Pennsylvanians.

“Senator Casey is fighting to ensure Pennsylvanians’ voices are heard and to protect their right to participate in our democracy – just like he has done throughout his entire career,” Casey campaign manager Tiernan Donohue said. “Meanwhile, David McCormick and the national Republicans are working to throw out provisional ballots cast by eligible Pennsylvania voters and accepted by county boards.

McCormick spokesperson Elizabeth Gregory cast the ruling as a “massive setback to Senator Casey’s attempt to count illegal ballots.”

“Bucks County and others blatantly violated the law in an effort to help Senator Casey,” Gregory said. “Senator-elect McCormick is very pleased with this ruling and looks forward to taking the Oath of Office in a few short weeks.”

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Staff writer Jeremy Roebuck, Gillian McGoldrick, Katie Bernard, and Fallon Roth contributed to this article.



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Pennsylvania

Officials react to Pennsylvania abortion ruling, Medicaid ban struck down

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Officials react to Pennsylvania abortion ruling, Medicaid ban struck down


A Pennsylvania court ruling is reshaping abortion access in the state, striking down a decades-old ban on using Medicaid to pay for abortions and declaring that the Pennsylvania Constitution guarantees a right to abortion.

The decision came Monday from the state’s Commonwealth Court. In a 4-3 vote, judges ruled in favor of abortion rights in Pennsylvania and invalidated the state’s restriction on Medicaid-funded abortions.

Local abortion-rights advocates praised the ruling as a major step toward protecting access for low-income residents. Adrienne Daily, co-founder of Johnstown for Choice, said, “Everybody should have the right to that. If you restrict the coverage, you’re obviously discriminating against those that have lower income.”

Opponents of abortion rights called the decision a dramatic expansion of the court’s power and warned it will force taxpayers to pay for procedures they oppose. Michael Geer, president of the Pennsylvania Family Institute, said, “Taxpayers now in Pennsylvania will have no choice under this court ruling to fund abortions. And there are many, many millions of Pennsylvanians who think abortion is wrong. It’s the taking of an innocent human life and to force taxpayers who conscientiously object to abortion to then fund it is just plain wrong.”

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Abortion-rights advocates pushed back, arguing abortion access is healthcare and a personal decision. Daily said, “This is a family issue. This is a personal issue. This is a bodily autonomy issue.”

Pro-life leaders also warned the ruling could have broader implications for other abortion-related laws. Geer said, “It is sweeping and there’s no question it’s judicial overreach.” He added, “If this ruling stands, it will invite attacks on every remaining pro-life safeguard that has been put into law by lawmakers at the behest to the people of Pennsylvania over decades.”

The case could still be appealed to the Pennsylvania Supreme Court. That decision lies with Republican Attorney General Dave Sunday. His office has not provided a response, but the Associated Press reported a spokesperson said the office is reviewing the decision and did not say whether it will appeal.



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Wu-Tang Clan member opens clothing store in Pennsylvania

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Wu-Tang Clan member opens clothing store in Pennsylvania


The Rock and Roll Hall of Fame just released this year’s list of inductees, and a new clothing store just opened in the Johnstown Galleria.

What do these two things have in common?

If you grew up listening to 90’s hip-hop, then you’re probably familiar with the Wu-Tang Clan.

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Wu-Tang Clan member opens clothing store in Pennsylvania (WJAC)

They said, “We’re in the building right now, we’re out in Johnstown making it happen, fashion and rapping, and Wu-Tang, you already know Wu-Tang is the witty, unpredictable talent and natural game. So, it’s all grassroots with us, man. We do everything from scratch.”

They’re being inducted into the Rock and Roll Hall of Fame this year, and Darryl Hill, aka Cappadonna, and manager Al “Heck” Felder are opening the Pillage, a clothing store in the Johnstown Galleria, selling apparel with a purpose.

Cappadonna said, “‘Cappadonna,’ that stands for ‘Consider All Poor People Acceptable, Don’t Oppress Nor Neglect Anyone,’ and we stand on that.”

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They were introduced to mall owner Leo Karruli through Mustafa Curry, a childhood friend from New York, who owns a store on Main Street in Johnstown.

Heck said, “BK Styles, I’ve got to give a shout out to my boy, Mustafa. They’ve got some apparel down there, too. We’re all over. We’re spreading the word and we’re spreading the love.”

Wu-Tang Clan member opens clothing store in Pennsylvania (WJAC)

Their other clothing line, Angry Elephant, promotes being good stewards of the Earth, with a portion of the proceeds protecting the animals from poachers.

They said they believe in always putting God and family first.

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Cappadonna said, “When you recognize the God in us, then you can see the God in you.”

They said they want kids to know that violence is not the answer, and it doesn’t cost anything to be kind.

Cappadonna said, “We just want to say that it’s nice to be important, but it’s even more important to be nice.”



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Mother, 6 children die in Central Pennsylvania house explosion, state police say

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Mother, 6 children die in Central Pennsylvania house explosion, state police say



A mother and her six children died when their Central Pennsylvania home exploded and caught on fire Sunday morning, state police said.

The explosion and fire happened at around 8:30 a.m. at a home on Long Run Road in Lamar Township, Clinton County, which is roughly 35 miles from State College. Crews arrived on the scene and found the home fully engulfed in flames, with the mother and her six children trapped.

State police identified the 34-year-old woman who died in the fire as Sarah B. Stolzfus. Her 11-year-old son, 10-year-old son, 8-year-old daughter, 6-year-old daughter, 5-year-old son and 3-year-old son also died in the blaze, according to state police. 

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A propane leak inside the house might’ve caused the explosion and fire, state police said. Propane tanks outside the home did not explode or contribute to the fire, according to state police.

The explosion and fire are under investigation by state police.



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