Pennsylvania: GOP effort to block ‘cured’ ballots gets chilly reception from judge | Katherine Landergan and Josh Gerstein/Politico
A federal judge gave a skeptical reception Wednesday to a Republican lawsuit seeking to throw out votes in a Pennsylvania county that contacted some voters to give them an opportunity to fix — or “cure” — problems with their absentee ballots. During a morning hearing in Philadelphia, U.S. District Court Judge Timothy Savage said he was dubious of arguments from a lawyer for GOP congressional candidate Kathy Barnette, who argued that the Pennsylvania Supreme Court had concluded that the law prohibits counties from allowing voters who erred in completing or packaging their mail-in ballots to correct those mistakes. “I’m not sure about that,” said Savage, an appointee of President George W. Bush. “Is that exactly what was said or is what was said was that there is no mandatory requirement that the election board do that?….Wasn’t the legislative intent of the statute we are talking about to franchise, not disenfranchise, voters?” “This isn’t disenfranchising voters,” insisted Thomas Breth, an attorney for Barnette. “They can’t do this unless the election code provides them the authority to do this.” But Savage chafed at the lawyer’s suggestion that a miscast absentee vote blocked a voter from fixing that ballot or casting a provisional ballot at the polls. “It counts as your vote, but your vote is not counted,” the judge said quizzically.
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