No. 20-553

Pennsylvania Voters Alliance, et al. v. Centre County, Pennsylvania, et al.

Lower Court: Third Circuit
Docketed: 2020-10-28
Status: Denied
Type: Paid
Response Waived Experienced Counsel
Tags: elections-clause federal-common-law federal-elections political-subdivisions private-financing private-grants social-contract standing tortious-interference
Key Terms:
AdministrativeLaw FirstAmendment DueProcess JusticiabilityDoctri
Latest Conference: 2021-01-08
Question Presented (AI Summary)

Whether the social contract of the Federal Elections Clause requires federal elections, thus prohibiting such private federal election grants

Question Presented (OCR Extract)

QUESTION PRESENTED The Elections Clause is found in the beginning of the U.S. Constitution at Article I, section 4. The guarantee of federal elections for Congressional members is a “social contract” in which the federal government has a unique federal interest. In this case, a state’s local subdivisions have accepted millions from a private, non-profit cotporation to pay for federal elections. In exchange for the private federal election grants, the local subdivisions agree to meet the requitements of the grant, to report back to the private, non-profit corporation and to claw-back provisions which ate an ongoing liability for the political subdivision. 1. Whether the social contract of the Federal Elections Clause requires federal elections, thus prohibiting such private federal election grants. 2. Whether the federal common law under the Elections Clause recognizes such private financing as tortious interference with the social contract embedded in the Elections Clause. 3. Whether the federal common law under the Elections Clause recognizes Article III standing, an actual and concrete injury, for a resident within a political subdivision to challenge the political subdivision accepting private federal election grants interfering with the Elections Clause guarantee of federal elections—possibly invalidating the federal election. i

Docket Entries

2021-01-11
Petition DENIED.
2020-12-02
DISTRIBUTED for Conference of 1/8/2021.
2020-11-27
Waiver of right of respondents Kathy Boockvar, in her official capacity as Secretary of the Commonwealth of Pennsylvania to respond filed.
2020-11-27
Letter of November 23, 2020 from counsel for petitioners with notice of an order from the United States Court of Appeals for the Third Circuit received. (Distributed)
2020-11-24
Waiver of right of respondent Centre County to respond filed.
2020-11-23
Waiver of right of respondent City of Philadelphia to respond filed.
2020-11-03
Application (20A82) denied by Justice Alito.
2020-11-02
Application (20A82) for injunctive relief pending appeal, submitted to Justice Alito.
2020-10-26
Petition for a writ of certiorari before judgment filed. (Response due November 27, 2020)

Attorneys

Centre County
Molly Elizabeth MeachamBabst Calland Clements and Zomnir, PC, Respondent
CITY OF PHILADELPHIA
Jerry Robert DeSideratoDilworth Paxson LLP, Respondent
Kathy Boockvar, in her official capacity as Secretary of the Commonwealth of Pennsylvania
Robert Andrew WiygulHangley Aronchick Segal Pudlin & Schiller, Respondent
Pennsylvania Voters Alliance, et al.
Erick G. KaardalMohrman, Kaardal & Erickson P.A., Petitioner