Pennsylvania
Pennsylvania Supreme Court: Mail-in ballots with missing or incorrect dates won't be counted • Pennsylvania Capital-Star
The ongoing saga of whether mail-in ballots without the proper date on the external envelope should or should not be counted may not yet be over, but Pennsylvania’s Supreme Court on Thursday sought to clear up confusion about its Sept. 13 decision on the matter.
As far as the high court is concerned, mail-in ballots in Pennsylvania without a date on the outside envelope — even if returned to a county election office on time — should not be counted.
Last week the court threw out a Commonwealth Court ruling that the ballots should be counted. Voter rights groups tried to revive the case, but in response to a request by the Republican National Committee (RNC) to clarify its ruling, the Supreme Court ordered the Commonwealth Court to dismiss the lawsuit.
So to recap: This means, for now, that mail-in ballots returned without a date on the outside of the envelope will not be counted in the Commonwealth of Pennsylvania.
The American Civil Liberties Union of Pennsylvania, which represents the voter rights groups, said it is considering its next legal steps.
“This is not the end of the road on this issue,” spokesperson Andy Hoover said Thursday.
With a month and a half before the presidential election in which Pennsylvania is expected to play a pivotal role, a former top election official told the Capital-Star that voters need to simply ignore the noise of the lawsuits and closely follow the instructions on their mail-in ballots.
“What’s most important is voters need to just understand that they need to put today’s date on the envelope,” Former Pennsylvania Secretary of the Commonwealth Kathy Boockvar said.
Notice and cure suit from RNC derided as voter suppression
Meanwhile, lawyers for the ACLU of Pennsylvania and the Public Interest Law Center (PILC), decried a new lawsuit filed Wednesday by the RNC as a brazen attempt at voter suppression.
The RNC asked the state Supreme Court to rule on the legality of county policies to notify voters when their mail-in ballots have errors and give them a chance to correct them.
Vic Walczak, legal director of the ACLU of Pennsylvania, said the RNC lawsuit is an attempt at an end run around two other cases pending before state appeals courts that involve the potential disenfranchisement of tens of thousands of people who vote by mail.
“The law right now is that counties can do what they call ‘notice and cure,’” Walczak said in a call with reporters on Thursday. “They don’t have to, so it’s permissive. What this lawsuit seeks to do is to say that it is absolutely illegal.”
The ACLU of Pennsylvania and PILC also represent the plaintiffs in the other election law cases still pending.
Walczak said the notice-and-cure suit, which asks the Supreme Court to exercise its “king’s bench” power to take any case at any time without going through the lower courts, doesn’t allege that the practice of notifying voters to fix their errors is problematic.
“It’s just an argument over the language in the statute. And just like the statute doesn’t say that you are allowed to do this, the statute and the Election Code don’t say that you can’t do this,” he said.
Gates McGavick, senior advisor to RNC Chairperson Michael Whatley, dismissed the ACLU’s characterization of the lawsuit.
“The idea that widely-supported [sic] election integrity safeguards somehow constitute ‘voter suppression’ is a far-left conspiracy theory,” McGavick said in a statement to the Capital-Star.
A spokesperson for former President Donald Trump’s campaign and a lawyer for the RNC did not respond to interview requests Thursday.
Voting by mail without an excuse was first an option for Pennsylvania voters in 2020 and in every election since, candidates have challenged decisions by county boards of elections either to count or not count ballots with errors, such as missing or incomplete dates and missing secrecy envelopes.
The number of mail-in ballots that have been disqualified for such errors is not trivial. Despite efforts by the Pennsylvania Department of State to reduce the number of rejected ballots by redesigning the instructions and envelopes, more than 1% of mail ballots were rejected in the April primary election, according to one analysis.
In the latest case on undated ballots, the Commonwealth Court ruled on Aug. 30 that the dating requirement violates the state constitution’s guarantee of the right to vote because it serves no compelling governmental purpose.
The Supreme Court ruled Sept. 13 in an appeal by the RNC and state Republican Party that Commonwealth Court lacked jurisdiction to hear the case because the suit was filed against only Allegheny and Philadelphia counties. Pennsylvania’s other 65 counties should have been included as parties for the Commonwealth Court to exercise its statewide jurisdiction.
But the Supreme Court’s order didn’t explicitly say whether the case was dismissed or was being sent back for further proceedings. Commonwealth Court Judge Ellen Ceisler granted the ACLU and PILC permission to file papers arguing that they should be allowed to add the other 65 counties.
Ceisler also indicated that she expected to reissue her decision finding the dating requirement unconstitutional.
In a 2-1 decision earlier this month, a Commonwealth Court panel reversed a Butler County judge’s decision that county elections officials were not required to count the provisional ballots because it amounted to allowing the voters to correct or “cure” mistakes in their mail-in ballots, which is not required by the Pennsylvania Election Code.
In an opinion for the Commonwealth Court majority, Judge Matthew S. Wolf wrote the question of whether the Election Code requires election officials to count provisional ballots cast by voters whose mail-in ballots are fatally flawed is separate from the issue of whether curing flawed ballots is allowed.
Wolf said the majority interpreted the Election Code to give it the legislature’s intent that provisional ballots serve as a safeguard against voters being denied their votes or casting more than one vote.
“The General Assembly did not intend for those authorized provisional ballots to be rendered meaningless … whenever the elector has made an earlier but unsuccessful attempt to cast or vote a ballot,” Wolf said.
The issue of curing ballots was itself the subject of a decision by a judge in Washington County in southwest Pennsylvania.
Washington County Judge Brandon P. Neuman granted an injunction sought by voting rights groups to block a policy that the county Board of Elections adopted just before the April primary, of not informing voters if their ballot was rejected because of an error.
The groups claimed the policy disenfranchised voters by effectively hiding from them the fact that their votes would not be counted and denying them the opportunity to cast provisional ballots. Neuman found voters have a statutory right to challenge a decision not to count a mail ballot and ordered election officials to notify voters whose mail ballots are set aside for disqualifying errors so that they have a chance to mount a challenge.
The state GOP and RNC have also appealed the decision in Commonwealth Court.
Other counties, meanwhile, have adopted policies to notify voters and give them a chance to remedy errors on mail-in ballots. Dauphin County, which includes the state capital of Harrisburg, last week became one of at least 32 Pennsylvania counties with a notice and cure program, according to the ACLU of Pennsylvania.
(This article was updated at 10:05 p.m., Thursday, Sept. 19, 2024, to include a statement from the RNC.)
A state trooper was hit by a vehicle in Somerset County.
Somerset County District Attorney Molly Metzgar said the trooper was trying to help a disabled vehicle on Route 31 westbound when they were hit on Saturday.
According to our partners at WJAC, the trooper suffered injuries to their head, leg and pelvis.
The trooper has been released from the hospital.
“This is a stark reminder of the dangers that our first responders face on a daily basis. I encourage everyone to life the trooper and his family up in their thoughts and prayers,” Metzgar said.
Officials said the trooper still has “a long way to go” before returning to duty.
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Pennsylvania
Pennsylvania’s Game-Changing Rail Freight Revamp Is Here—East Penn Railroad Leads the Charge – MyChesCo
HARRISBURG, PA — Rail freight in Pennsylvania is on the brink of transformation, with $55 million approved to fund 30 vital improvement projects. These initiatives promise to boost economic development, enhance freight mobility, and create or sustain 344 jobs across the state. Among the standout ventures, East Penn Railroad, LLC’s $455,000 project to rehabilitate eight bridges is poised to deliver significant benefits to Chester, Montgomery, Berks, and York Counties.
Strengthening Pennsylvania’s Freight Backbone
With 65 operating railroads spanning approximately 5,600 miles, Pennsylvania’s freight system is unmatched in its scale and importance. It is the backbone of the state’s economy, connecting local industries to national and global markets. The Pennsylvania Department of Transportation (PennDOT), in collaboration with private rail operators and local businesses, has prioritized modernization through programs like the Rail Transportation Assistance Program (RTAP) and Rail Freight Assistance Program (RFAP).
“Expanding and improving Pennsylvania’s rail freight network will support family-sustaining jobs and connect Pennsylvania communities to the global economy while bolstering local economic development,” said PennDOT Secretary Mike Carroll. “These investments will create opportunities for generations of Pennsylvanians to come and will provide key mobility across the Commonwealth.”
Spotlight on East Penn Railroad
The East Penn Railroad project exemplifies the power of targeted infrastructure investment. The company will rehabilitate eight bridges across the Octoraro, Perkiomen, Lancaster Northern, and York branch lines—critical routes for businesses and industries in Chester, Montgomery, Berks, and York Counties. These bridges are essential for the safe and efficient transportation of goods, and their rehabilitation will ensure that local businesses have the reliable infrastructure they need to thrive.
The funding will address aging infrastructure that has long hampered performance and safety. Once complete, these improvements will facilitate smoother operations, reduced delays, and greater capacity for freight transport. For local communities, this means more robust economic growth driven by increased business activity and better connections to other markets.
Building a Better Freight Future
East Penn’s effort is just one of 30 projects approved for funding, each addressing specific challenges within Pennsylvania’s rail network.
Some of the other key projects include:
- CSX Transportation, Inc. ($13.1M) to rehabilitate the 25th Street Viaduct in Philadelphia, a crucial freight artery.
- Wheeling and Lake Erie Railway ($5.8M) to improve six bridges across Allegheny, Washington, Fayette, and Westmoreland Counties, ensuring long-term safety and reliability.
- NorthPoint Development, LLC ($3.8M) for Kinder Morgan terminal rail yard expansion in Bucks County, adding over 13,000 feet of new track to boost industrial capacity.
Each of these initiatives will address bottlenecks, improve efficiency, and position Pennsylvania as a leader in freight innovation.
Why It Matters
Improving freight infrastructure isn’t just a convenience—it’s an economic imperative. For businesses, reliable rail transport lowers costs, increases efficiency, and enhances competitiveness in global markets. For workers, these projects create good-paying jobs during construction and unlock new opportunities for long-term employment in logistics and adjacent industries.
East Penn Railroad’s project, in particular, underscores how smart infrastructure investment can ripple outward. By ensuring that critical bridges are safe and reliable, the company will help make Chester, Montgomery, Berks, and York Counties more competitive while bolstering the local economy.
Beyond the immediate economic benefits, these rail freight improvements also align with environmental goals. Rail transport is significantly more fuel-efficient than road freight, resulting in reduced greenhouse gas emissions. By expanding and modernizing Pennsylvania’s rail system, these projects signal a commitment to sustainable growth.
A Commitment to Progress
The Shapiro Administration and the General Assembly have demonstrated a shared commitment to infrastructure as a foundation for progress. Pennsylvania’s rail freight industry isn’t just about moving goods; it’s about creating a future where communities and businesses can flourish.
Pennsylvania’s bold leap forward on rail freight projects marks a turning point for the state. With East Penn Railroad paving the way, the Commonwealth is creating a more connected, competitive, and sustainable future for all.
For the latest news on everything happening in Chester County and the surrounding area, be sure to follow MyChesCo on Google News and MSN.
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A Pennsylvania law that lays out how and when utility companies can shut off customers’ electricity, gas or water expires Dec. 31.
But the state’s ban on shutoffs for low-income customers during the winter months and other protections will continue uninterrupted.
“The message that we’ve been hoping that people really hear is not to panic,” said Elizabeth Marx, executive director of the Pennsylvania Utility Law Project.
Utility shutoffs are an experience many Pennsylvania households deal with. In the first 10 months of 2024, utilities in the state disconnected more than 300,000 households and reconnected fewer than three-quarters of them.
In Philadelphia, one in four low-income households spends at least 16% of its income on energy bills — an energy burden that’s considered severe. Black and Hispanic households in Philadelphia spend more of their income on energy than households overall, and national surveys have shown non-Hispanic Black and Hispanic households are disconnected from utility service at higher rates than non-Hispanic white households.
Here’s what you need to know about the sunsetting statute.
Pa.’s ban on shutoffs for low-income customers during the winter continues
Pennsylvania’s winter shutoff moratorium will continue even after the law expires, because this and other protections are duplicated in another part of state code.
Between the frigid months of December through March, public utilities in Pennsylvania are restricted from terminating low-income customers’ service for nonpayment without permission from the Public Utility Commission.
Water utilities cannot terminate heat-related service during this time period.
Gas and electric utilities cannot terminate service for households earning below $3,137 monthly for an individual or $6,500 for a family of four, based on the 2024 federal poverty guidelines.
“We understand the importance of these protections to Pennsylvanians and remain committed to balancing the needs of consumers and utilities,” said Stephen DeFrank, Pennsylvania Public Utility Commission chairman, in a statement.
There is a partial exception for city gas utilities, which can terminate service for households earning $1,882 to $3,137 monthly for an individual or $3,900 to $6,500 for a family of four, during part of the winter under certain circumstances.
If you can’t pay your utility bills in full, Marx recommends making at least some payment, because utilities consider a positive payment history when setting up payment plans.
“Paying what you can, when you can, is very important, especially even through the winter, when the winter moratorium is in place,” she said.
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