A Federal Appeals Court has Halted the Final Count, and Certification of Votes, in a narrow Race for Lehigh County, PA, Judge, while Voters ask the Court to Reverse a Lower Decision throwing out their Lawsuit to have their Undated Ballots counted.
The 3rd U.S. Circuit Court of Appeals, on Sunday, issued a Temporary Injunction to Stop, the Lehigh County Board of Elections, from Certifying the Results of the Election for the Last of Three Seats on Lehigh County Court.
A Group of Five Voters Sued the Board, claiming they would be Unjustifiably Denied the Right to Vote, by a Decision Not to Count 257 Ballots that were mailed without Handwritten Info on the Return Envelopes.
The Uncounted Ballots have the potential to tip the Race between the Third- and Fourth-place Candidates for Judge.
David Ritter (R) has a 74-Vote Lead against Zachary Cohen (D).
Represented by the American Civil Liberties Union of Pennsylvania (ACLU-PA), the Voters filed a Lawsuit in U.S. District Court in Allentown, arguing that the Law requiring a Handwritten Date on the Return Envelope for a Mail-in-Ballot to be Counted, Violates the Voting Rights provisions of the Civil Rights Act and is Unconstitutional.
The Case is Migliori v. Lehigh County Board of Elections.
The court found No Private Right-of-Action under the Applicable Provision of the Civil Rights Act, and it Concluded that a Requirement of a Handwritten Date on a Ballot Envelope was “slight” under the Anderson-Burdick Framework.
NYC Wins When Everyone Can Vote! Michael H. Drucker
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