In re: Canvass of Provis. Ballots of Walsh

• Court: Supreme Court of Pennsylvania
• Decided: July 24, 2024
• Docket: 328 MAL 2024 (Granted)
• Status: Published

Opinion

IN THE SUPREME COURT OF PENNSYLVANIA MIDDLE DISTRICT

IN RE: CANVASS OF PROVISIONAL : No. 328 MAL 2024 BALLOTS IN THE 2024 PRIMARY : ELECTION : : Petition for Allowance of Appeal from : the Order of the Commonwealth PETITION OF: JAMIE WALSH : Court

ORDER

PER CURIAM

AND NOW, this 24th day of July, 2024, the Petition for Allowance of Appeal is

GRANTED. The issues, as stated by petitioner, are:

(1) Whether, as a matter of first impression and of significant public importance and because this opinion conflicts with a holding of this Court, an unsigned provisional ballot should be counted where the voter demonstrated “exceedingly clear” electoral intent, acted in conformity with instructions of election officials and subsequently verified that his ballot had been counted?

(2) Whether, as a matter of significant public importance, a provisional ballot submitted by a voter domiciled and registered to vote elsewhere should be rejected?

The matter shall be submitted on the briefs. Walsh’s brief shall be due within seven

days of the date of this order. Cabell’s brief shall be due within seven days of the

submission of Walsh’s brief. No reply briefs will be accepted. Given the expedited

schedule, no briefing extensions will be entertained.