IN THE SUPREME COURT OF PENNSYLVANIA
MIDDLE DISTRICT
IN RE: NOVEMBER 3, 2020 GENERAL : No. 149 MM 2020
ELECTION :
:
:
PETITION OF: KATHY BOOCKVAR, :
SECRETARY OF THE COMMONWEALTH :
OF PENNSYLVANIA :
ORDER
PER CURIAM
AND NOW, this 14th day of October, 2020, the Application for King’s Bench relief
is GRANTED, limited to the following issue:
Whether the Election Code authorizes or requires county election
boards to reject voted absentee or mail-in ballots during pre-canvassing and
canvassing based on signature analysis where there are alleged or
perceived signature variances?
The Court will decide this issue based on the current filings; however, supplemental filings
are permitted to be submitted by Friday, October 16, 2020, at 5 p.m. No other filings will
be permitted thereafter.
Further, the motions to intervene filed by the following entities are GRANTED:
Donald J. Trump for President, Inc., Republican Party of Pennsylvania, Republican
National Committee, and National Republican Congressional Committee. The motions
to intervene filed by the following individuals are DENIED: Elizabeth Radcliffe, a qualified
elector, Bryan Cutler, Speaker of the Pennsylvania House of Representatives, Kerry
Benninghoff, Majority Leader of the Pennsylvania House of Representatives, Joseph B.
Scarnati III, Pennsylvania Senate President Pro Tempore, and Jake Corman, Senate
Majority Leader. See Pa.R.C.P. 2329(2). However, those individuals denied intervenor
status are granted leave of court to file briefs as amicus curiae, pursuant to Pa.R.A.P.
531.
The motion for leave to file an amicus brief filed by the Brennan Center for Justice
is GRANTED.
Any filings submitted by the Court’s deadline by a non-party or non-intervenor will
be accepted as an amicus brief.
Justice Dougherty files a concurring statement
Justice Baer files a dissenting statement.
Chief Justice Saylor and Justice Mundy dissent.
2
In Re: Nov 3, 2020 General Election Pet of PA Sec
Combined Opinion