PA Judge Rules Ballots Without ID Cannot Be Counted

Nov 12, 2020

A Pennsylvania judge ruled today that the state may not count ballots where the voters needed to provide proof of identification and failed to do so by the deadline. 

Existing Pennsylvania state law states that voters have until six days after the election to cure problems regarding a lack of proof of identification. This year is was November 9. After the Pennsylvania Supreme Court ruled that mail-in ballots could be accepted three days after election day, Secretary of State Kathy Boockvar submitted guidance that said proof of identification could be provided up until Nov. 12, which is six days from the ballot acceptance deadline. That guidance was issued two days before election day.

Judge Mary Hannah Leavitt wrote, “The Court concludes that Respondent Kathy Boockvar, in her official capacity as Secretary of the Commonwealth, lacked statutory authority to issue the November 1, 2020, guidance to Respondents County Boards of Elections insofar as that guidance purported to change the deadline … for certain electors to verify proof of identification.” 

The state judge ruled that Boockvar “lacked statutory authority” to make the ruling she did. 

“Accordingly, the court hereby orders the respondents County Board of Elections are enjoined from counting any ballots that have been segregated pursuant to Paragraph 1 of this court's order dated November 5, 2020, granting a special injunction,” Judge Leavitt wrote. 

Liberty Counsel Founder and Chairman Mat Staver said, "Fair elections are the foundation of a free government. The irregularities in the presidential election are shocking. The rule of law must prevail.” 

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