Baxter v. Phila. Bd. of Elections; of RNC

Opinion

IN THE SUPREME COURT OF PENNSYLVANIA EASTERN DISTRICT

BRIAN T. BAXTER AND SUSAN T. : No. 76 EM 2024 KINNIRY : : : v. : : : PHILADELPHIA BOARD OF ELECTIONS, : REPUBLICAN NATIONAL COMMITTEE, : AND REPUBLICAN PARTY OF : PENNSYLVANIA : : : PETITION OF: REPUBLICAN NATIONAL : COMMITTEE AND REPUBLICAN PARTY : OF PENNSYLVANIA :

BRIAN T. BAXTER AND SUSAN T. : No. 77 EM 2024 KINNIRY : : : v. : : : PHILADELPHIA BOARD OF ELECTIONS, : REPUBLICAN NATIONAL COMMITTEE, : AND REPUBLICAN PARTY OF : PENNSYLVANIA : : : PETITION OF: REPUBLICAN NATIONAL : COMMITTEE AND REPUBLICAN PARTY : OF PENNSYLVANIA :

ORDER

PER CURIAM

AND NOW, this 1st day of November, 2024, the Emergency Application for

Extraordinary Relief Pending Filing of Petition for Allowance of Appeal is GRANTED only to the extent that the Commonwealth Court’s decision docketed at 1305 C.D. 2024 and

1309 C.D. 2024 is stayed and shall not be applied to the November 5, 2024 General

Election. This stay is entered without prejudice to the filing and due consideration on the

merits of any petition for allowance of appeal that the parties may file or the disposition of

an appeal should this Court grant such petition.

The Application for Leave to File Amicus Brief on Behalf of Restoring Integrity and

Trust in Elections, Inc. and the Application for Leave to File Amicus Brief by Pennsylvania

Department of State and Secretary of the Commonwealth Al Schmidt are GRANTED.

The Proposed Intervenor-Respondents’ Combined Application to Intervene and

Response to the RNC’s and RPP’s Emergency Stay Application by the Democratic

National Committee and Pennsylvania Democratic Party is DENIED as moot without

prejudice to renew their request in connection with any forthcoming petition for allowance

of appeal or appeal in the above-captioned matter.

Justice Donohue files a concurring statement in which Chief Justice Todd joins.

Justice Dougherty files a concurring statement.

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