PENNSYLVANIA DEMOCRATIC PARTY v. BOOCKVAR

No. 133 MM 2020.

238 A.3d 345 (2020)

PENNSYLVANIA DEMOCRATIC PARTY, Nilofer Nina Ahmad, Danilo Burgos, Austin Davis, Dwight Evans, Isabella Fitzgerald, Edward Gainey, Manuel M. Guzman, Jr., Jordan A. Harris, Arthur Haywood, Malcolm Kenyatta, Patty H. Kim, Stephen Kinsey, Peter Schweyer, Sharif Street, and Anthony H. Williams v. Kathy BOOCKVAR, in her Capacity as Secretary of the Commonwealth of Pennsylvania; Adams County Board of Elections; Allegheny County Board of Elections; Armstrong County Board of Elections; Beaver County Board of Elections; Bedford County Board of Elections; Berks County Board of Elections; Blair County Board of Elections; Bradford County Board of Elections; Bucks County Board of Elections; Butler County Board of Elections; Cambria County Board of Elections; Cameron County Board of Elections; Carbon County Board of Elections; Centre County Board of Elections; Chester County Board of Elections; Clarion County Board of Elections; Clearfield County Board of Elections; Clinton County Board of Elections; Columbia County Board of Elections; Crawford County Board of Elections; Cumberland County Board of Elections; Dauphin County Board of Elections; Delaware County Board of Elections; Elk County Board of Elections; Erie County Board of Elections; Fayette County Board of Elections; Forest County Board of Elections; Franklin County Board of Elections; Fulton County Board of Elections; Greene County Board of Elections; Huntingdon County Board of Elections; Indiana County Board of Elections; Jefferson County Board of Elections; Juniata County Board of Elections; Lackawanna County Board of Elections; Lancaster County Board of Elections; Lawrence County Board of Elections; Lebanon County Board of Elections; Lehigh County Board of Elections; Luzerne County Board of Elections; Lycoming County Board of Elections; Mckean County Board of Elections; Mercer County Board of Elections; Mifflin County Board of Elections; Monroe County Board of Elections; Montgomery County Board of Elections; Montour County Board of Elections; Northampton County Board of Elections; Northumberland County Board of Elections; Perry County Board of Elections; Philadelphia County Board of Elections; Pike County Board of Elections; Potter County Board of Elections; Schuylkill County Board of Elections; Snyder County Board of Elections; Somerset County Board of Elections; Sullivan County Board of Elections; Susquehanna County Board of Elections; Tioga County Board of Elections; Union County Board of Elections; Venango County Board of Elections; Warren County Board of Elections; Washington County Board of Elections; Wayne County Board of Elections; Westmoreland County Board of Elections; Wyoming County Board of Elections; and York County Board of Elections. Petition of: Kathy Boockvar, in Her Capacity as Secretary of the Commonwealth of Pennsylvania.

Supreme Court of Pennsylvania.

Decided: September 17, 2020.


Attorney(s) appearing for the Case

Kathleen Marie Kotula , Nicole Jeanne Boland , Pennsylvania Department of State, John Bartley Delone , Timothy Eugene Gates , Mary Abbegael Giunta , Pennsylvania Governor's Office, Howard Greeley Hopkirk , Sean Andrew Kirkpatrick , Karen Mascio Romano , Pennsylvania Office of Attorney General, Stephen Moniak , Josh Shapiro , Attorney General of the Commonwealth of Pennsylvania, Kenneth Lawson Joel , Harrisburg, Richard Louis Armezzani , Myers, Brier & Kelly, LLP, Daniel Thomas Brier , John B. Dempsey , Donna Ann Walsh , Myers, Brier & Kelly, LLP, Scranton, Susan M. Davies , Daniel T. Donovan , Michael A. Glick , Kirkland & Ellis LLP, Washington, DC, Daniel Barrett Mullen , Pennsylvania Office of Attorney General, Pittsburgh, for Petitioner Kathy Boockvar.

Richard P. Limburg , Obermayer, Rebmann, Maxwell & Hippel, LLP, Philadelphia, Jonathan Lienhard , Shawn Sheehy , Jason Torchinsky , Holtzman Vogel Josefiak and Torchinsky, LLP, Haymarket, VA, for Intervenors-Appellees Jake Corman, Joseph Scarnati.

Mark Alan Aronchick , Hangley, Aronchick, Segal, Pudlin & Schiller, Michele D. Hangley , John Brent Hill , Hangley, Aronchick, Robert Andrew Wiygul, Segal, Pudlin & Schiller, Philadelphia, for Respondents Bucks County Board of Elections, Chester County Board of Elections, Montgomery County Board of Elections, Philadelphia County Board of Elections.

William Gleason Barbin , Ebensburg, for Respondent Cambria County Board of Elections.

Thomas M. Caffrey , Lehigh County Department of Law, Coplay, Sarah Mae Murray , Allentown, for Respondent Lehigh County Board of Elections.

Larry E. Coploff , Coploff, Ryan, Welch & Houser Lock Haven, for Respondent Clinton County Board of Elections.

Jonathan Lee DeWald , McNerney, Allen P. Page, IV , Page, Vanderlin & Hall, Williamsport, for Respondent Union County Board of Elections.

Elizabeth A. Dupuis , Babst Calland Clements and Zomnir PC, State College, for Respondents Armstrong County Board of Elections, Bedford County Board of Elections, Blair County Board of Elections, Centre County Board of Elections, Columbia County Board of Elections, Dauphin County Board of Elections, Fayette County Board of Elections, Huntingdon County Board of Elections, Indiana County Board of Elections, Lackawanna County Board of Elections, Lawrence County Board of Elections, Lebanon County Board of Elections, Mercer County Board of Elections, Montour County Board of Elections, Northampton County Board of Elections, Northumberland County Board of Elections, Venango County Board of Elections, and York County Board of Elections.

Christopher P. Gabriel , Cafardi Ferguson Wyrick Weis & Gabriel LLC, for Respondents Clarion County Board of Elections and Tioga County Board of Elections.

Gerard Joseph Geiger , Newman Williams, P.C., Stroudsburg, for Respondents Carbon County Board of Elections, Monroe County Board of Elections, Pike County Board of Elections, Snyder County Board of Elections, Wayne County Board of Elections.

Kevin Michael Greenberg , Anthony Michael Pratt , Adam R. Roseman , Greenberg Traurig, LLP, Philadelphia, Alex Michael Lacey , Clifford B. Levine , Dentons Cohen & Grigsby P.C., Pittsburgh, for Respondent Pennsylvania Democratic Party, et al.

Robert Eugene Grimm , Law Office of Robert Eugene Grimm, Smithfield, for Respondent Greene County Board of Elections.

Robert J. Grimm , for Swartz Campbell, LLC, Pittsburgh, for Respondent Washington County Board of Elections.

Christina Lee Hausner , Lancaster County Solicitor's Office, Lancaster, for Lancaster County Board of Elections.

Frank J. Lavery, Jr. , Stephen Bradley Edwards , Andrew W. Norfleet , Lavery Law PC, Harrisburg, for Respondents Franklin County Board of Elections and Perry County Board of Elections.

Lawrence John Moran, Jr. , Joyce, Carmody & Moran, P.C., Pittston, for Respondent Luzerne County Board of Elections.

Sean Alexander Mott , Adams County Solicitor's Office, Molly Ruth Mudd , Gettysburg, for Respondent Adams County Board of Elections.

David Allen Regoli , Westmoreland County Sheriff's Office, Greensburg, for Respondent Westmoreland County Board of Elections.

Edward David Rogers , Terence Martin Grugan , Elizabeth Victoria Wingfield , Ballard Lard Shaper LLP, Philadelphia, for Respondent Delaware County Board of Elections.

Robert D. Schaub , Rosenn, Jenkins & Greenwald, LLP, Wilkes-Barre, for Respondent Susquehanna County Board of Elections.

Steven B. Silverman , Babst Calland Clements and Zomnir PC, Pittsburgh, for Respondents Armstrong County Board of Elections, Bedford County Board of Elections, Blair County Board of Elections, Centre County Board of Elections, Columbia County Board of Elections, Dauphin County Board of Elections, Fayette County Board of Elections, Huntingdon County Board of Elections, Indiana County Board of Elections, Lackawanna County Board of Elections, Lawrence County Board of Elections, Mercer County Board of Elections, Montour County Board of Elections, Venango County Board of Elections, and York County Board of Elections.

Stephen S. Snook , BMZ Law, PC, Lewistown, for Respondent Mifflin County Board of Elections.

Gregory Dale Sobol , Zwick & Zwick LLP, Brookville, Carl John Zwick , Zwick & Zwick LLP, Dubois, for Respondent Jefferson County Board of Elections.

Christine D. Steere , Deasey, Mahoney & Valentini, Ltd., Media, for Respondent Berks County Board of Elections.

Andrew Francis Szefi , George M. Janocsko , Allan Joseph Opsitnick , Allegheny County Law Department, Pittsburgh, for Respondent Allegheny County Board of Elections.

Thomas S. Talarico , Talarico & Associates, Erie, for Respondent Erie County Board of Elections.

Thomas George Wagner , Meyer Wagner Brown & Kraus, Saint Marys, for Respondent Elk County Board of Elections.

H. William White, III , Butler County Solicitor's Office, Butler, for Respondent Butler County Board of Elections.

Regina Marie Blewitt , Joyce, Carmody & Moran, P.C., Pittston, for Respondent Luzerne County Board of Elections.

Timothy Patrick Brennan , Richard Eugene Santee , Brian J. Taylor , Easton, for Respondent Northampton County Board of Elections.

Robert Lawrence Gawlas , Rosenn, Jenkins & Greenwald, LLP, Wilkes-Barre, for Respondent Susquehanna County Board of Elections.

William J. Madden , William J. Madden PC, Sharon, for Respondent Mercer County Board of Elections.

Ryan Michael Joyce , Swartz Campbell, LLC, Pittsburgh, for Respondent Washington County Board of Elections.

Nathan W. Karn , Hollidaysburg, for Respondent Blair County Board of Elections.

Sean Robert Keegan , Babst Calland Clements and Zomnir PC, Pittsburgh, for Respondents Armstrong County Board of Elections, Bedford County Board of Elections, Blair County Board of Elections, Centre County Board of Elections, Columbia County Board of Elections, Dauphin County Board of Elections, Fayette County Board of Elections, Huntingdon County Board of Elections, Indiana County Board of Elections, Lackawanna County Board of Elections, Lawrence County Board of Elections, Lebanon County Board of Elections, Mercer County Board of Elections, Montour County Board of Elections, Northumberland County Board of Elections, Venango County Board of Elections, and York County Board of Elections.

Krista Ann M. Staley , Babst, Calland, Clements and Zomnir, P.C., Pittsburgh, for Respondents Armstrong County Board of Elections, Bedford County Board of Elections, Blair County Board of Elections, Centre County Board of Elections, Columbia County Board of Elections, Dauphin County Board of Elections, Fayette County Board of Elections, Huntingdon County Board of Elections, Indiana County Board of Elections, Lackawanna County Board of Elections, Lawrence County Board of Elections, Lebanon County Board of Elections, Montour County Board of Elections, Northumberland County Board of Elections, Venango County Board of Elections, and York County Board of Elections,

Kathleen A. Gallagher , Russell David Giancola , Devin Arlie Winklosky , Porter Wright Morris & Arthur LLP, Pittsburgh, for Intervenor — Appellee Republican Party of Pennsylvania, Possible Intervenors Donald J. Trump for President, Inc., Republican National Committee.

Tara Lynn Hazelwood , Pennsylvania House of Representatives, Harrisburg, Pennsylvania House of Representatives Democratic Caucus, Amicus Curiae.

Lori A. Martin , Wilmer Cutler Pickering Hale and Dorr LLP, New York, Common Cause Pennsylvania, Patricia M. Demarco , League of Women Voters of Pennsylvania, Make the Road Pennsylvania, Robinson, Danielle Graham , The Black Political Empowerment Project, Kathleen Wise , Amici Curiae, Common Cause Pennsylvania, Patricia M. DeMarco, League of Women Voters of Pennsylvania, Make the Road Pennsylvania, Danielle Graham Robinson, The Black Political Empowerment Project, Kathleen Wise, Possible Intervenors.

Ralph J. Teti , Willig, John R. Bielski , Williams & Davidson, Philadelphia, Pennsylvania AFL-CIO, et al, Amicus Curiae.

Claude Joseph Hafner, II , Pennsylvania State Senate, Harrisburg, for Senate Democratic Leader, State Senator Jay Costa, et al., Possible Intervenor.

SAYLOR, C.J., BAER, TODD, DONOHUE, DOUGHERTY, WECHT, MUNDY, JJ.


OPINION

In October 2019, the General Assembly of the Commonwealth of Pennsylvania enacted Act 77 of 2019, which, inter alia, created for the first time in Pennsylvania the opportunity for all qualified electors to vote by mail, without requiring the electors to demonstrate their absence from...

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