Articles Posted in Supreme Court of Pennsylvania

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The Pennsylvania Supreme Court granted discretionary review to determine whether appellant, Swatara Township Board of Commissioners, was required to seek and obtain judicial approval before changing from an at-large to a by-ward system of governance. The Board claimed it was “not entirely elected at large,” and consequently, it possessed the authority to “reapportion” Swatara Township without judicial approval. The Supreme Court found the Board’s argument failed; judicial approval was required pursuant to Section 401 of the First Class Township Code, 53 P.S. section 55401. The Court thus affirmed the decision of the Commonwealth Court. View "Varner v. Swatara Township" on Justia Law

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In a January 22, 2018 order, the Pennsylvania Supreme Court announced that the Pennsylvania Congressional Redistricting Act of 2011, 25 P.S. sec. 3596.101 et seq. (the “2011 Plan”), “clearly, plainly and palpably” violated the Pennsylvania Constitution. This adjudication was based on the uncontradicted evidentiary record developed at the Commonwealth Court level, wherein Petitioners established that the 2011 Plan was a partisan gerrymander, “designed to dilute the votes of those who in prior elections voted for the party not in power in order to give the party in power a lasting electoral advantage.” As a result, the Supreme Court fashioned an appropriate remedial districting plan, based on the record developed with the Commonwealth Court, drawing heavily upon the submissions provided by the parties, intervenors and amici. The Remedial Plan will be implemented in preparation for the May 15, 2018 primary election. View "League of Women Voters of PA et al v Cmwlth et al" on Justia Law

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Petitioners alleged the Pennsylvania Congressional Redistricting Act of 20112 (the “2011 Plan”) infringed "upon that most central of democratic rights – the right to vote." Specifically, they contended the 2011 Plan was an unconstitutional partisan gerrymander. After review of this matter, the Pennsylvania Supreme Court concluded that 2011 Plan violated Article I, Section 5 – the Free and Equal Elections Clause – of the Pennsylvania Constitution. View "League of Women Voters of PA v. Pennsylvania" on Justia Law

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Due to the impending special election on March 21, 2017, the Pennsylvania Supreme Court resolved this matter by per curiam Order on March 3, 2017, leaving in place the Pennsylvania Bureau of Commissions, Elections and Legislation’s (Bureau) determination that Appellant Cheri Honkala was ineligible to appear on the ballot as a candidate in the special election. The Court concluded appellant Honkala and the Green Party of Pennsylvania failed to comply with Section 629 of the Election Code, which required the nomination certificate to be filed by January 30, 2017. The Commonwealth Court determined that: the nomination certificate was presented to the State one day past the filing deadline; individual notice was provided by e-mail almost two weeks prior to the filing deadline; public notice was timely available on the Bureau’s website; and the requirements were readily accessible through the election law. The Commonwealth Court refused to grant relief on Appellants’ claim that a Bureau employee provided appellants with misinformation. The Supreme Court affirmed the Commonwealth Court, and denied mandamus relief. View "Green Party of Pennsylvania v. Dept of State" on Justia Law

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Candidate Joseph Vodvarka appealed a Commonwealth Court deicision which set aside his nomination petition as Democratic Party candidate for the U.S. Senate in a primary election held in April 2016. The Supreme Court reversed the Commonwealth Court's decision and ordered Vodvarka be placed on the ballot. At issue was a challenge to the register of voters, or the Statewide Uniform Registry of Electors or "SURE." The Supreme Court held that the signature of a registered voter whose name appeared in the SURE registry could not be stricken from a nominating petition solely because the address listed on the nominating petition was different from the address at which the signer was currently registered to vote. View "In Re: Nom. of Joseph Vodvarka" on Justia Law