Joshua Voss, a partner in Kleinbard’s Litigation Department, made arguments before the Third Circuit on the consequence of incomplete voter declarations on Pennsylvania mail-in ballots. The underlying matter concerns the November 2021 election in Lehigh County for the final position as Judge on the Court of Common Pleas. Fewer than 75 votes separate Republican David Ritter, who Kleinbard represents, and Democrat Zachary Cohen. In January, the Commonwealth Court held the undated declaration ballots cannot be counted under Pennsylvania law, and later the Pennsylvania Supreme Court declined to review the decision. But a group of voters in Lehigh County then filed suit in the Eastern District of Pennsylvania, renewing the challenge. The District Court denied the voters’ claims, granting summary judgment to Ritter. The voters appealed to the Third Circuit.
Voss maintained the date was an important part of the mail-in voting process, necessary under State law, and that the issue was already resolved by the state Supreme Court.
“The intent of our argument today was to explain what the Pennsylvania law requires,” said Voss. “The ballots at issue today had one issue and it was uniform and it was the lack of a date on the declaration.”