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How Courts Are Impacting 2024 Election: Pennsylvania Supreme Court Shuts Down RNC Effort To Disqualify Voters

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How Courts Are Impacting 2024 Election: Pennsylvania Supreme Court Shuts Down RNC Effort To Disqualify Voters


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The Pennsylvania Supreme Court ruled Wednesday that voters whose mail-in ballots are rejected can still cast provisional ballots, after the Republican National Committee sued to stop the practice, as courts across the country are issuing a flurry of last-minute rulings on ballots and how elections are run in the month before Election Day as parties seek to expand or limit voter access.

Timeline

Oct. 23The Pennsylvania Supreme Court ruled voters whose mail-in ballots were rejected because of defects—like issues with their signature or the date—can cast provisional ballots to make sure they can vote, after the RNC defended a county’s decision to stop those voters from casting ballots if their mail votes were rejected.

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Oct. 22The Georgia Supreme Court upheld a lower court’s ruling blocking new voting rules from taking effect—like a requirement to hand-count ballots and other provisions that Democrats warned could delay the election results from being certified—which means that while litigation will continue, the rules will not be in effect during the general election.

Oct. 22A federal judge dismissed a Republican National Committee-led lawsuit in Michigan that took issue with voter rolls in the state, alleging the number of voters was “impossibly high” and the state wasn’t removing voters from their rolls as required by law, with the judge ruling the plaintiffs didn’t provide enough evidence there was any wrongdoing.

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Oct. 21Judges in Michigan and North Carolina rejected lawsuits brought by the RNC challenging overseas voters casting a ballot in those states even if they’ve never actually lived there—for instance, if their parents or spouse lived there—with the Michigan judge calling it an “11th hour attempt to disenfranchise” those voters.

Oct. 18A federal judge in Nevada dismissed an RNC lawsuit challenging the state’s voter rolls—claiming, like in Michigan, that the number of voters was “impossibly high”—throwing out the lawsuit for a second time and ruling the plaintiffs hadn’t provided any “concrete specifics” of wrongdoing.

Oct. 17A Trump-appointed judge in North Carolina struck down a Republican lawsuit aiming to remove 225,000 voters from the state’s voter rolls, alleging fraud, with the judge ruling that removing those voters would move the state “away from a democratic form of government.”

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Oct. 16The Nebraska Supreme Court ruled convicted felons can vote in the state after they’ve completed their sentence, striking down an effort by the state to prevent them from voting as Nebraska could become pivotal to determining which presidential candidate wins the Electoral College.

Oct. 16A federal judge blocked a program in Alabama that purged voters from the voter rolls—claiming doing so would help prevent noncitizens from voting—after the Justice Department sued to stop the program because it was too close to the election.

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Oct. 16A lower Georgia state judge blocked the new election rules in Georgia that could have potentially delayed the vote certification, after Democrats argued the state election board’s new rules could cause “chaos” in November.

Oct. 15The Ohio Supreme Court upheld restrictions on ballot drop boxes, after the state enacted new limitations saying people dropping off ballots for voters with disabilities have to go into an election office rather than leaving the ballot in a drop box.

Oct. 15A Georgia state judge issued a judgment saying state election workers must certify their county’s election results—regardless of whether they think any ballots were fraudulent—after an official who had refused to certify results in the past asked for clarification and more than a dozen local officials have voted against certifying in recent years.

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Oct. 12A federal judge rejected an effort by conservatives to require Arizona to confirm voters’ citizenship ahead of the election.

Oct. 7The Pennsylvania Supreme Court declined to take up two voting cases after Democrats challenged counties throwing out ballots with incorrect or missing dates, and Republicans opposed some county officials letting voters correct issues with their mail-in ballots, which should not be allowed under state law.

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What To Watch For

There are many outstanding cases that still have to be decided by Election Day, with Marc Elias, a voting rights attorney aligned with the Democratic Party, reporting Sunday that 191 cases are pending in 39 states. The Justice Department has sued Virginia for challenging voters’ eligibility too close to the election, for instance, and Georgia Republicans are appealing the ruling against the state election board’s new rules. The RNC has filed lawsuits taking aim at voting practices, including alleging Fulton County, Georgia, did not hire enough Republican poll workers. More lawsuits are also likely to be filed and rapidly decided in the two weeks before Election Day.

What We Don’t Know

What will happen after Election Day. Close election results in any battleground state could prompt a slew of lawsuits over how ballots are counted and the election results, as happened in 2020 when the Trump campaign launched a wide-ranging legal campaign challenging the vote count. Battleground states are already preparing for an anticipated onslaught of post-election lawsuits, Reuters reports, with Arizona’s court system ordering judges to prioritize election lawsuits so that certification doesn’t get delayed. Republican and Democratic campaigns are also gearing up for a busy legal landscape: An RNC official told ABC News the party has 5,000 volunteer attorneys ready to be deployed on Election Day, and ABC cited an internal memo from Vice President Kamala Harris’ campaign that claims it is “the most prepared campaign in history for what we face” in terms of litigation.

Chief Critic

Democrats have heavily criticized Republicans for the rash of lawsuits they’ve brought ahead of Election Day and are likely to continue filing, arguing the GOP is trying to sow doubt in the election results even before they’ve come in. “We’re seeing a record number of lawsuits filed before the election—nearly every day—in a seemingly coordinated push to use the legitimacy of the courts to lay the groundwork for discrediting an unfavorable result,” Wendy Weiser, director of the Brennan Center for Justice’s Democracy Program, told ABC News. “The lawsuits are not about getting legal relief, but about spreading conspiracy theories.” Many of the GOP lawsuits that have been brought are based on concerns about election irregularities or fraud, such as noncitizen voting or mail-in ballots, even though evidence has shown election fraud is exceedingly rare and there is no evidence of any widespread fraud in the 2020 election.

Key Background

Republicans have ramped up legal challenges and tightened voting rules since the 2020 election. Trump and his allies filed at least 60 lawsuits challenging the vote count in 2020 as the then-president made baseless allegations of fraud, and Republicans have used Trump’s fraud allegations as an underpinning for their litigation challenging voting rules. GOP-led states have also pointed to Trump’s baseless claims to justify enacting their own tighter restrictions on voting ahead of the 2024 election, which Democrats have then challenged in court. The RNC announced in April it intended to make its litigation efforts a key part of its strategy in the general election, launching an extensive “election integrity” effort with 100,000 staffers and volunteers. Chief Counsel Charlie Spies said in a statement the “RNC legal team will be working tirelessly to ensure that elections officials follow the rules” and “will aggressively take them to court if they don’t.”

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Further Reading

Judge Thwarts GOP Georgia Election Officials—Says Board Must Certify Vote Counts (Forbes)

Georgia Judge Blocks Hand-Counting Ballot Rule In Blow To State’s GOP Election Officials (Forbes)

More Than 165 Lawsuits Are Already Shaping the 2024 US Presidential Election (Bloomberg)

‘The litigation election’: Trump and Harris teams head to court in flurry of pre-election lawsuits (ABC News)



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Pennsylvania

Pennsylvania Gov Josh Shapiro’s neighbor accuses him of stealing land in ‘outrageous abuse of power’

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Pennsylvania Gov Josh Shapiro’s neighbor accuses him of stealing land in ‘outrageous abuse of power’


Pennsylvania Gov. Josh Shapiro’s neighbors are suing the Democrat, accusing him of stealing a slice of their land to erect an eight-foot-high security fence around his private residence in an “outrageous abuse of power.”

The neighbors, Jeremy and Simone Mock, are currently duking it out with the governor in court over a 2,900 square foot parcel of land located between their two homes in Abington, Montgomery County, court papers show.

The Mocks alleged in a lawsuit filed last month that Shapiro and his wife, Lori, unlawfully seized the stretch of land after initial negotiations to buy it from them went up in flames.

Pennsylvania Gov. Josh Shapiro’s neighbors have accused the Democrat of stealing a slice of their land to erect an eight-foot-high security fence around his private residence. Josh Shapiro / Facebook

Shapiro claimed in a countersuit that he owns the disputed land due, citing an “adverse possession” loophole that makes it his because he has maintained the sliver of property for decades.

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The land-grab tit-for-tat kicked off last year when the Shapiros first sought to erect the huge fence and upgrade security following an arson attack on the governor’s official residence in Harrisburg while they were all sleeping inside on April 13.

Shapiro initially offered to pay the Mocks for the 2,900-square-foot section of land, which he for decades had believed was his, to be able to build the fence, the suit said.

The negotiations, however, fell through when the neighbors couldn’t agree on a price.

The Mocks allege that’s when Shapiro and his wife unlawfully claimed ownership of the property — even planting trees and having State Troopers stationed there.

“What followed was an outrageous abuse of power by the sitting Governor of Pennsylvania,” the Mocks’ lawsuit argues.

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The neighbors claim Shapiro had State Troopers stationed on the property after unlawfully claiming ownership, the lawsuit states. Eastern District of Pennsylvania
Shapiro initially offered to pay the Mocks for the 2,900 square foot section of land, which he had believed for decades was actually part of his own property, but the negotiations fell through, according to the suit. Eastern District of Pennsylvania

“To begin, the Shapiros suddenly claimed, without evidence, they owned the Mock Property through ‘adverse possession’ despite their previous acknowledgments that the Mock Property was owned by no one other than the Mocks and despite having never been awarded the Mock Property through adverse possession by a court,” the court filing states.

The law allows for an occupant to legally acquire the title of someone else’s property if they’ve occupied the area for over 21 years.

The Shapiros purchased their home in 2003 and long believed the disputed 2,900 square foot section of land was part of their property, meaning they had maintained it for more than the required 21 years, their countersuit claims.

As the issue continues to play out in court, Shapiro’s office suggested the entire saga was a political stunt.

“The Governor looks forward to a swift resolution and will not be bullied by anyone trying to score cheap political points, especially at the expense of his family’s safety and wellbeing,” his office told NBC when the dueling suits were filed.

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Funeral arrangements set for Pa. state trooper shot and killed in Chester County

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Funeral arrangements set for Pa. state trooper shot and killed in Chester County


The funeral arrangements for Corporal Timothy O’Connor, who was shot and killed in Chester County on Sunday, have been announced.

The viewing for O’Connor will be Tuesday, March 17, from 4:30 p.m. to 8 p.m. at St. Joseph’s Church located at 338 Manor Avenue in Downingtown, Pa., according to the Parkesburg Police Department.

The funeral will be held at the same location on Wednesday, March 18, at 11 a.m., police said.

O’Connor was shot and killed during a traffic stop in Honey Brook on Sunday night. The suspect, Jesse Nathan Elks, took his own life after shooting O’Connor.

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O’Connor was a 15-year veteran of the Pennsylvania State Police who leaves behind a wife, Casey, and a 6-year-old daughter, according to police.

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Fire crews try moving burning barge to shallow water in Delaware Bay

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Fire crews try moving burning barge to shallow water in Delaware Bay


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Delaware, Pennsylvania, and federal agencies have been responding to a barge fire in the Delaware Bay. 

The barge, which is carrying salvage metal, is being moved to shallow water so it can be secured, allowing on-scene responders to extinguish the fire and complete salvage operations, according to a March 10 statement from the Delaware Emergency Management Agency.

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No injuries have been reported as of 1:15 p.m.

The Delaware Department of Natural Resources and Environmental Control (DNREC) is on scene to perform air monitoring, the statement said.

Responding agencies include the Wilmington Fire Department, Good Will, Leipsic Volunteer, Bowers and South Bowers fire companies. Also there are Delaware State Police, DNREC, New Castle County Office of Emergency Management, Kent County Department of Public Safety, the Delaware Emergency Management Agency and the U.S. Coast Guard Sector Delaware Bay.

The Philadelphia Fire Department was enroute.

This is a developing story. Check back with delawareonline.com for more information.

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Send tips or story ideas to Esteban Parra at (302) 324-2299 or eparra@delawareonline.com.



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