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· 3/8/2004

In Re Canvass of Absentee Ballots of Nov. 4, 2003 General Election

Citations

  • 843 A.2d 1223
  • 577 Pa. 231
  • 2004 Pa. LEXIS 431

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that, where a statute requires service by mail or by delivery in person, deliveiy by a third person is invalid
  • holding that the delivery of absentee ballots by third persons rendered them invalid, notwithstanding indications from the Allegheny County Board of Elections that the practice was permitted
  • holding Election Code’s in-person ballot delivery requirement was mandatory and that votes delivered by third persons must not be counted
  • holding that “[n]o [] ‘recognized exception’ exists that would permit a court to employ a jurisprudential doctrine to defeat a substantive provision of the Election Code[]” and, therefore, that reliance on incorrect information from a board of elections will not overcome such provision
  • stating that while “some contexts may leave the precise meaning of the word ‘shall’ in doubt, . . . . this Court has repeatedly recognized the unambiguous meaning of the word in most contexts” (citations omitted)
  • statutory requirement that ballot be submitted by elector and not third-party is mandatory safeguard against fraud

Source: CourtListener parenthetical corpus (CC0).

Judges: Cappy, Castille, Nigro, Newman, Saylor, Eakin, Baer

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.