In what is to be considered unusual, the GOP has scored a huge victory in the state of Pennsylvania as the U.S. 3rd Circuit Court of Appeals reversed on Wednesday the order of a federal district court that votes without dates cannot be counted. This applies to mail in ballots. The case before the court is that many ballots came in without a date or an incorrect date. This allowed the Democrats the opportunity to manufacture votes beyond election day.
Democrats tried to make the claim that the Materiality Provision established in Section 10101(a)(2)(B) of the Civil Rights Act of 1964. The Maternity Provision states that it prohibits denial of the right to vote because of an “error or omission” on paperwork “related to any application, registration, or other act requisite to voting.” Why are the Democrats fighting to allow these votes to be counted regardless of state and federal laws? I think the answer is obvious.
The 3rd Circuit decision, in which two of the three judges concurred (all three appointed by Democrats), explained:
States have separate bodies of rules for separate stages of the voting process. One stage, voter qualification, deals with who votes. To register and thus be authorized to vote, applicants must follow prescribed steps and meet certain requirements. It’s like obtaining a license to drive. Another stage deals with how ballots are cast by those previously authorized to vote, which is governed by a different set of rules. To cast a ballot that is valid and will be counted, all qualified voters must abide by certain requirements, just like those authorized to drive must obey the State’s traffic laws like everyone else.
The Materiality Provision is an important federal overlay on state election requirements during the “who” stage: voter qualification. It prohibits States from denying an applicant the right to vote based on an error or omission in paperwork involving his application if that mistake is immaterial in determining whether he is qualified to vote. That is, it is triggered when conduct or laws restrict who may vote. But it leaves it to the States to decide how qualified voters must cast a valid ballot. Pennsylvania has made one such rule—the date requirement—mandatory. The federal Materiality Provision, in our view, does not interfere.
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In the wake of the decision, RNC Chairman Michael Whatley stated:
This is a crucial victory for election integrity and voter confidence in the Keystone State and nationwide. Pennsylvanians deserve to feel confident in the security of their mail ballots, and this 3rd Circuit ruling roundly rejects unlawful left-wing attempts to count undated or incorrectly dated mail ballots. Republicans will continue to fight and win for election integrity in courts across the country ahead of the 2024 election.
