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.)
Pennsylvania
Vallejo man suspected of fatally shooting wife arrested in Pennsylvania
A man suspected of fatally shooting his wife at their Vallejo home was tracked to Pennsylvania and arrested, authorities said.
The Vallejo Police Department said in a press release that officers responded to a missing person report on Tuesday evening on the the 1000 block of Oakwood Avenue. A friend had reported her coworker had not shown up for work, and the friend was worried about her well-being after a recent argument with her husband. The friend told officers her friend had recently gone to a mutual friend’s residence after her husband had threatened to kill her.
Police conducted a welfare check at the missing person’s apartment, but no one answered the door, police said, and none of the neighbors reported any disturbances from the residence. An automated license plate reader indicated that her vehicle was last seen traveling in West Vallejo, and attempts to contact both the missing person and her husband by phone were unsuccessful, police said.
On Wednesday evening, a maintenance worker at the apartment complex entered the missing person’s residence and found her unresponsive and he called 911. Officers arrived and found she had been shot to death at the scene, police said. The woman’s husband, 45-year-old Vallejo resident Zheer Queja Malassab of Vallejo, was identified as the suspect.
A search for the victim’s vehicle led to the discovery that it traveled to Pennsylvania, and detectives contacted the Pennsylvania State Police, informing them of a be-on-the-lookout alert and the vehicle’s last known location.
Pennsylvania State Police located the vehicle and and tried to pull it over in snowy conditions, but the driver sped away, police said. Due to the conditions, the driver was ultimately forced to stop and surrender. Zheer was arrested without incident, and he admitted to shooting his wife after he was read his Miranda rights, police said.
Zheer is currently waiting to be extradited to California, where he will face charges of murder and will be booked into the Solano County Jail.
Anyone with information regarding this case is urged to contact Detective Stephanie Diaz at (707) 648-5430 or at Stephanie.Diaz@cityofvallejo.net, or Detective Zach Horton at (707) 648-5425 or Zach.Horton@cityofvallejo.net. Anonymous tipsters can call the tip line at 800-488-9383.
It was the city’s 17th homicide of 2025.
Pennsylvania
These new 2026 health care laws are taking effect in Pa., N.J. and Del.
From Philly and the Pa. suburbs to South Jersey and Delaware, what would you like WHYY News to cover? Let us know!
This past year, lawmakers in the Delaware Valley pursued changes to health care policies and regulations that will expand access to prescription drug savings, ensure coverage for breast cancer imaging, reaffirm lead testing requirements, increase breastfeeding support in prisons and more.
Here are some new health care laws coming to Pennsylvania, New Jersey and Delaware that will be in place or take effect in 2026.
Pennsylvania
Medicaid coverage for weight loss medication
The Pennsylvania state budget increases funding in several areas, but will cut costs by limiting coverage for glucagon-like peptide-1 drugs such as Wegovy and Zepbound for people in the Medicaid insurance program beginning Jan. 1.
The state’s Medicaid program, called Medical Assistance, will no longer cover GLP-1 drugs solely for obesity and weight loss, but will continue to do so for people with diabetes and other health conditions.
Pennsylvania started paying for GLP-1 drugs for obesity in 2023. But the cost to the state rose as an increasing number of enrollees obtained prescriptions.
The commonwealth spent $650 million for GLP-1 drugs in Medicaid, for all reasons, in 2024, according to state officials. Lawmakers estimate it would soon cost over $1 billion annually.
Naloxone distribution by emergency responders
Emergency responders like emergency medical service workers can leave packages of naloxone, an opioid overdose reversal medication, with families and caregivers at the site of a 911 call or other treatment response.
The law codifies an executive order signed by former Gov. Tom Wolfe in 2018, which established a standing order allowing emergency responders to not only use naloxone to reverse an overdose, but to leave additional doses with others at the scene.
However, executive orders are temporary and can expire or be reversed by a sitting governor. The new law now makes this policy permanent and strengthens protections for EMS workers.
The legislation also increases transparency in prescription prices and costs. When asked by a customer, pharmacists must disclose the current retail price for band name and generic versions of any medication being picked up.
They also must help customers and patients figure out their out-of-pocket costs for brand-name and generic options.
All parts of the law will be in effect by July 2026.
Prescription savings programs for seniors
Seniors who save money on their prescriptions through state assistance programs will get to stay in those programs even if their annual incomes go over the eligibility limits because of a bump in their Social Security payments.
A law passed this year ensures that Social Security cost-of-living adjustments will not disqualify someone from participating in the Pharmaceutical Assistance Contract for the Elderly and the Pharmaceutical Assistance Contract for the Elderly Needs Enhancement Tier program.
The moratorium on Social Security cost-of-living adjustment income increases will last from Jan. 1 through Dec. 31, 2027.
“The PACE and PACENET programs play an important role in supporting older adults and offering tremendous savings by helping them pay for their prescription medications,” Pennsylvania Secretary of Aging Jason Kavulich said in a statement. “This new law will allow older Pennsylvanians to remain eligible for this benefit which provides them with lifesaving medication and a cost savings to their fixed incomes.”
Diagnostic mammogram and breast cancer imaging
A new law requires insurers to cover follow-up testing for women who need additional imaging after an abnormal mammogram, including an MRI or ultrasound.
While annual mammograms are fully covered by insurance, additional diagnostic testing can come with high costs, which cancer activists say can delay an early diagnosis of breast cancer.
The expanded coverage will apply to insurance plans and policies that are issued or renewed starting summer 2026.
“With early detection and diagnostic imaging, we have the tools to limit the harm caused by cancer and the suffering it brings to families across the Commonwealth,” Donna Greco, Pennsylvania government relations director for the American Cancer Society Cancer Action Network, said in a statement.
Pennsylvania
Pennsylvania couple accused of living with dead relative for months to cash his Social Security checks
A Pennsylvania couple is accused of living with their dead relative for months to reap the benefits of his Social Security checks.
The Greene Washington Regional Police Department said James and Debbie Bebout of Canton Township were arrested in the death of James Bebout’s brother, Michael Bebout.
Police paperwork details allegations
According to police paperwork, authorities received a call on Jan. 16 from James Bebout, who said he went to serve his brother breakfast when he found him “stiff as a board.” When officers arrived at the home on Hayes Avenue for a welfare check, DeForte said several red flags were raised.
“Instead of finding the decedent that would have passed away within the last 24 hours, we found the decedent in a state of severe decomposition,” DeForte said.
DeForte said an investigation revealed Michael Bebout had been dead for about six months.
“You have two defendants that we believe knew the decedent had passed that were more interested in reaping the benefits of a governmental check and access to a warm home than they were providing some type of moral and ethical solution to their relative passing,” DeForte said.
During an interview with Debbie Bebout, investigators said she allegedly admitted to knowing Michael Bebout had been dead since around October but did not contact anybody.
“Debbie stated she cashed several of Michael’s $1,200/month Social Security checks in order to pay for food. Debbie stated she was concerned about getting kicked out of the house if Michael was known to have died,” police paperwork stated.
“What we found throughout the investigation was roughly a half a dozen Social Security checks that were cashed by the defendants,” DeForte said.
During an interview with police, Debbie Bebout later admitted to officers that she “actually noticed that her brother-in-law, Michael Bebout, dead around Labor Day 2024.”
She also allegedly told officers that she pretended to take care of Michael Bebout every day so her husband would not find out.
Neighbors say it smelled “awful” outside the home
“We believe, through our investigation, that both defendants were well aware that the decedent was decomposing in the house with them. The smell was so pungent that you could smell it outside of the home prior to entry,” DeForte.
Neighbors described the couple as “bad news” and said that they knew something was wrong when it began to smell outside.
“We smelled an awful smell. We called the gas company, thinking it was a gas leak. Here, it wasn’t a gas leak. It was him. They always had a window cracked, to let the smell out, apparently,” Samuel Burgess said.
Burgess said he was friends with Michael Bebout and knew he had been sick before his death.
“He was a sweetheart. He would do anything for anyone. He would give you his last dollar, his shoes, his shirt, anything. He was a perfect gentleman,” Burgess said.
Dead animals found inside home
Burgess said Michael Bebout had a dog that he loved that also lived in the home.
“There was a little dog. I don’t know what happened to the little dog. He might be in there dead also, yeah, because Michael had a little black puppy dog,” Burgess said.
DeForte said that several dead animals were found inside the home.
“When we conducted the welfare check, we had noticed dead animals that were also severely decomposed throughout the house, that would also have been accompanied by a lot of garbage. A lot of clutter,” DeForte said.
“To have something like this happen in society today is an absolute violation of the human construct. This is both morally and ethically reprehensible,” DeForte said. “In over three decades of my law enforcement career, I have never witnessed something as macabre as what we saw inside of that residence.”
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