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Litigation

 

Applewhite v. Pennsylvania

Case Information

Date Filed: May 1, 2012
State: Pennsylvania
Issue: Voter ID
Courts that Heard this Case: Commonwealth Court of Pennsylvania (Case 330 MD 2012); Supreme Court of Pennsylvania (Case 71 MAP 2012)

Issue:

Whether Pennsylvania's newly passed state voter ID law violates the Pennsylvania Constitution and whether or not the law can go into effect for the 2012 general election.

Status:

Petition for Review filed 5/1/12. Trial scheduled for 7/25/12. Motion for preliminary injunction denied 8/15/12. Notice of Appeal to Supreme Court of Pennsylvania filed 8/16/12. Order granting motion to expedite and setting briefing schedule filed 8/23/12. Oral argument set for 9/13/12. Appellant's brief filed 8/30/12. Appellee's briefs filed 9/7/12. Order Vacating Judgment and Remanding Case filed 9/18/12. Opinion and Order Granting Preliminary Injunction filed 10/2/12. Trial on Permanent Injunction scheduled for July 2013. Joint stipulation that preliminary injunction will continue through May primary election filed 2/14/13. Preliminary injunction granted 8/16/13. Respondent's proposed findings of fact and conclusions of law filed 8/30/13. Petitioner's proposed findings of fact and conclusions of law filed 8/30/13. Opinion and order granting permanent injunction filed 1/17/14. Respondent's Application for Hearing before En Banc Panel filed 2/3/14. Petitioners' Opposition to Respondents' Application for Hearing before En Banc Panel filed 2/6/14. Petitioners' Brief filed 2//28/14. Order Denying Application for Relief filed on 3/11/14. Opinion and Order Denying Respondents' Post-Trial Motion filed 4/28/14. Governor Corbett declines to appeal, announced 5/8/14.

Supreme Court of Pennsylvania Documents

Commonwealth Court Documents

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The Electoral College winner should be the majority choice in each state that counts towards that Electoral College victory.

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In the News

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Trump Calls for Voter Fraud Probe: A Look at Past Inquiries

Professor Edward Foley was quoted in Voice of America about President Donald Trump’s plans to launch a “major investigation” into voter fraud. Trump claims he lost the popular vote because as many as 5 million non-U.S. citizens may have voted illegally.

“As I understand the latest allegations, somewhere between 3 to 5 million improper ballots were cast this past November nationwide, which Trump claims accounts for why Hillary Clinton won the popular vote,” Foley said. “Even if there were 3 to 5 million invalid votes nationwide, we can’t jump to the conclusion that the election result was tainted, because we don’t know who they voted for.”

The odds of a non-U.S. citizen successfully casting a ballot are “extremely low, extraordinarily low,” according to Foley. Instances in which invalid ballots are cast or when voters’ names appear on multiple state voter rolls also don’t necessarily indicate voter fraud either, he added.

“Just because a ballot was cast that was invalid, which is a problem, doesn’t necessarily mean there was a conspiracy to commit voter fraud,” Foley said. “Fraud is a pejorative term that implies intentional deception and manipulation, as opposed to there being mistakes in voter registration lists.”
 


 

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Info & Analysis

U.S. District Judge Rules that Ohio Voter Services Website Violates ADA

A U.S. District Judge issued an opinion finding that the Ohio Secretary of State\'s voter services website violates Title II of the Americans with Disabilities Act because it is not accessible to visually impaired Ohio voters. Judge George C. Smith ordered Secretary of State John Husted to make the site more accessible by September 29, 2017. As discussed in the opinion, the information on the voter services site does not meet established standards of accessibility for visually impaired voters who use screen reading software. The case is Hindel v. Husted.

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