· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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