No. 20-740

Jim Bognet, et al. v. Veronica Degraffenreid, Acting Secretary of Pennsylvania, et al.

Lower Court: Third Circuit
Docketed: 2020-11-27
Status: GVR
Type: Paid
Response RequestedResponse WaivedRelisted (2) Experienced Counsel
Tags: ballot-deadline election-integrity elections-clause electors-clause equal-protection judicial-overreach mail-in-ballots purcell-v-gonzalez standing
Key Terms:
AdministrativeLaw DueProcess Trademark Privacy JusticiabilityDoctri
Latest Conference: 2021-04-16 (distributed 2 times)
Question Presented (AI Summary)

Whether the Pennsylvania Supreme Court usurped the Pennsylvania General Assembly's authority

Question Presented (OCR Extract)

QUESTIONS PRESENTED The Pennsylvania General Assembly established an unambiguous election-day deadline for receipt of absentee and mail-in ballots. A majority of the Pennsylvania Supreme Court extended that deadline by three days and created a presumption that mail-in ballots received by its new deadline—even those lacking a legible postmark—would be timely unless a preponderance of the evidence proved that they were mailed after 8:00 p.m. on election day. The questions presented are: 1. Whether Petitioners have standing to raise their Elections Clause, Electors Clause, and Equal Protection Clause claims; 2. Whether the Pennsylvania Supreme Court usurped the Pennsylvania General Assembly’s paramount authority to “direct [the] Manner” for appointing electors for President and Vice President, U.S. Const. art. II, § 1, cl. 2, and to prescribe “[t]he Times, Places and Manner” for congressional elections, id. art. I, § 4, cl. 1; 3. Whether the Pennsylvania Supreme Court’s extension violates Petitioners’ right to have their votes counted without dilution and their right not to have their votes treated in an arbitrary and disparate manner under the Equal Protection Clause, id. amend. XIV, § 1; and 4. Whether Purcell v. Gonzalez, 549 U.S. 1 (2006) (per curiam), counsels against enjoining unconstitutional usurpations of authority to regulate federal elections by State courts and executive branch officials.

Docket Entries

2021-05-21
JUDGMENT ISSUED.
2021-04-19
Petition GRANTED. Judgment VACATED and case REMANDED with instructions to dismiss the case as moot. See <i>United States</i> v. <i>Munsingwear, Inc.</i>, 340 U. S. 36 (1950).
2021-03-31
DISTRIBUTED for Conference of 4/16/2021.
2021-03-29
Reply of petitioners Jim Bognet, et al. filed. (Distributed)
2021-03-23
Letter of March 15, 2021 from counsel for respondent Susquehanna County Board of Elections received.
2021-03-15
Brief of respondents Chester County Board of Elections, Delaware County Board of Elections, Montgomery County Board of Elections in opposition filed.
2021-03-15
Brief of respondent Luzerne County Board of Elections in opposition filed.
2021-03-15
Brief of respondent Westmoreland County Board of Election in opposition filed.
2021-03-15
Brief of respondent Northampton County Board of Elections in opposition filed.
2021-03-15
Brief of respondent Veronica Degraffenreid, Acting Secretary of Pennsylvania in opposition filed.
2021-03-15
Brief of respondent Democratic National Committee in opposition filed.
2021-03-15
Brief of respondent Union County Board of Elections in opposition filed.
2021-03-15
Brief of respondent Washington County Board of Elections in opposition filed.
2021-03-15
Brief of respondents Allegheny County Board of Elections, Bucks County Board of Elections, Philadelphia County Board of Elections in opposition filed.
2021-03-15
Brief of respondents Carbon County Board of Elections, Monroe County Board of Elections, Pike County Board of Elections, Wayne County Board of Elections, Schuylkill County Board of Elections, Snyder County Board of Elections in opposition filed.
2021-03-15
Brief of respondent Armstrong County Board of Elections, et al. in opposition submitted.
2021-03-15
Brief of respondent Franklin County Board of Elections, Perry County Board of Elections in opposition submitted.
2021-01-26
Brief of respondent Adams County Board of Elections in opposition filed.
2021-01-25
The motion to extend the time to file a response are granted and the time is extended to and including March 15, 2021, for all respondents.
2021-01-22
Motion of Kathy Boockvar, Sec. of PA to extend the time to file a response from February 12, 2021 to March 15, 2021, submitted to The Clerk.
2021-01-22
Motion of the Democratic National Commettee to extend the time to file a response from February 12, 2021 to March 15, 2021, submitted to The Clerk.
2021-01-13
Response Requested. (Due February 12, 2021)
2020-12-30
DISTRIBUTED for Conference of 1/15/2021.
2020-12-23
Waiver of right of respondent Allegheny County Board of Elections to respond filed.
2020-12-23
Waiver of right of respondent Democratic National Committee to respond filed.
2020-12-23
Waiver of right of respondent Westmoreland County Board of Election to respond filed.
2020-12-23
Waiver of right of respondents Franklin County Board of Elections, Perry County Board of Elections to respond filed.
2020-12-22
Waiver of right of respondent Delaware County Board of Elections to respond filed.
2020-12-22
Waiver of right of respondent Luzerne County Board of Elections to respond filed.
2020-12-21
Waiver of right of respondent The Chester County Board of Elections to respond filed.
2020-12-21
Waiver of right of respondent Montgomery County Board of Elections to respond filed.
2020-12-21
Waiver of right of respondent Kathy Boockvar, Secretary of the Commonwealth of Pennsylvania to respond filed.
2020-12-18
Waiver of right of respondent Northampton County Board of Elections to respond filed.
2020-12-18
Waiver of right of respondents Sullivan and Wyoming County Boards of Elections to respond filed.
2020-12-17
Waiver of right of respondent Clearfield County Board of Elections to respond filed.
2020-12-17
Waiver of right of respondent Washington County Board of Elections to respond filed.
2020-12-17
Waiver of right of respondent Jefferson County Board of Elections to respond filed.
2020-12-16
Waiver of right of respondent Union County Board of Elections to respond filed.
2020-12-15
Waiver of right of respondents Armstrong County Board of Elections, et al. to respond filed.
2020-12-14
Waiver of right of respondent Butler County Bureau of Elections to respond filed.
2020-12-12
Waiver of right of respondent Berks County Board of Elections to respond filed.
2020-12-11
Waiver of right of respondent Potter County Board of Elections to respond filed.
2020-12-11
Waiver of right of respondent Lancaster County Board of Elections to respond filed.
2020-12-11
Waiver of right of respondent Susquehanna County Board of Elections to respond filed.
2020-12-10
Waiver of right of respondents Carbon County Board of Elections, Monroe County Board of Elections, Pike County Board of Elections, Wayne County Board of Elections, Schuylkill County Board of Elections, Snyder County Board of Elections to respond filed.
2020-11-20
Petition for a writ of certiorari filed. (Response due December 28, 2020)
2020-10-11
Waiver of right of respondents Clarion County Board of Elections and Tioga County Board of Elections to respond filed.

Attorneys

Adams County
Molly Ruth MuddAdams County Solicitor's Office, Respondent
Molly Ruth MuddAdams County Solicitor's Office, Respondent
Allegheny County Board of Elections
Allan Joseph Opsitnick — Respondent
Allan Joseph Opsitnick — Respondent
Allegheny County Board of Elections, Bucks County Board of Elections, Philadelphia County Board of Elections
Jessica Lynn VanderKamStuckert and Yates, Respondent
Armstrong County Board of Elections, et al.
Molly Elizabeth MeachamBabst Calland Clements and Zomnir, PC, Respondent
Molly Elizabeth MeachamBabst Calland Clements and Zomnir, PC, Respondent
Berks County Board of Elections
Christine D. SteereDeasey, Mohaney & Valentini, Ltd., Respondent
Christine D. SteereDeasey, Mohaney & Valentini, Ltd., Respondent
Bucks County Board of Elections
Jessica Lynn VanderKamStuckert and Yates, Respondent
Jessica Lynn VanderKamStuckert and Yates, Respondent
Butler County Bureau of Elections
H. William White IIIButler County PA, Respondent
H. William White IIIButler County PA, Respondent
Carbon County Board of Elections, Monroe County Board of Elections, Pike County Board of Elections, Wayne County Board of Elections, Schuylkill County Board of Elections, Snyder County Board of Elections
Gerard Joseph GeigerNewman, Williams, et al., Respondent
Gerard Joseph GeigerNewman, Williams, et al., Respondent
Chester County Board of Elections, Delaware County Board of Elections, Montgomery County Board of Elections
Jason A. LeckermanBallard Spahr LLP, Respondent
Jason A. LeckermanBallard Spahr LLP, Respondent
Clarion County Board of Elections and Tioga County Board of Elections
Stephanie L. FeraCafardi Ferguson Wyrick Weis & Gabriel, LLC, Respondent
Stephanie L. FeraCafardi Ferguson Wyrick Weis & Gabriel, LLC, Respondent
Clearfield County Board of Elections
Heather L. BozovichLaw Office of Heather L. Bozovich, Respondent
Heather L. BozovichLaw Office of Heather L. Bozovich, Respondent
Delaware County Board of Elections
Edward D. RogersBallard Spahr, LLP, Respondent
Edward D. RogersBallard Spahr, LLP, Respondent
Democratic National Committee
Donald B. Verrilli Jr.Munger, Tolles & Olson LLP, Respondent
Donald B. Verrilli Jr.Munger, Tolles & Olson LLP, Respondent
Franklin County Board of Elections, Perry County Board of Elections
Frank J. Lavery Jr.Lavery Law, Respondent
Frank J. Lavery Jr.Lavery Law, Respondent
Jefferson County Board of Elections
C.J. ZwickZwick & Zwick LLP, Respondent
C.J. ZwickZwick & Zwick LLP, Respondent
Jim Bognet, et al.
David H. ThompsonCooper & Kirk, PLLC, Petitioner
David H. ThompsonCooper & Kirk, PLLC, Petitioner
Lancaster County Board of Elections
Christina L. HausnerLancaster County Solicitor's Office, Respondent
Christina L. HausnerLancaster County Solicitor's Office, Respondent
Luzerne County Board of Elections
Joseph Matthias CosgroveSelingo Guagliardo LLC, Respondent
Joseph Matthias CosgroveSelingo Guagliardo LLC, Respondent
McKean County Board of Elections
Anthony Victor ClarkeThe Clarke Firm, Respondent
Anthony Victor ClarkeThe Clarke Firm, Respondent
Montgomery County Board of Elections
Brian O'Neill PhillipsMontgomery County Solicitor's Office, Respondent
Brian O'Neill PhillipsMontgomery County Solicitor's Office, Respondent
Northampton County Board of Elections
Melissa Pammer RudasNorthampton County Solicitor's Office, Respondent
Melissa Pammer RudasNorthampton County Solicitor's Office, Respondent
Brian J. TaylorNorthampton County Solicitor's Office, Respondent
Brian J. TaylorNorthampton County Solicitor's Office, Respondent
Philadelphia County Board of Elections
Jessica Lynn VanderKamStuckert and Yates, Respondent
Potter County Board of Elections
Thomas R ShafferGlassmire and Shaffer Law Offices, P.C., Respondent
Thomas R ShafferGlassmire and Shaffer Law Offices, P.C., Respondent
Sullivan and Wyoming County Boards of Elections
Kenneth R. LevitzkyKenneth R. Levitzky, Attorney at Law, Respondent
Kenneth R. LevitzkyKenneth R. Levitzky, Attorney at Law, Respondent
Susquehanna County Board of Elections
Robert D. SchaubRosenn, Jenkins & Greenwald, Respondent
Robert D. SchaubRosenn, Jenkins & Greenwald, Respondent
The Chester County Board of Elections
Nicole R. ForzatoThe Chester County Solicitor's Office, Respondent
Nicole R. ForzatoThe Chester County Solicitor's Office, Respondent
Union County Board of Elections
Peter George FaceyMcNerney, Page, et al., Respondent
Peter George FaceyMcNerney, Page, et al., Respondent
Veronica Degraffenreid, Acting Secretary of Pennsylvania
Robert Andrew WiygulHangley Aronchick Segal Pudlin & Schiller, Respondent
Robert Andrew WiygulHangley Aronchick Segal Pudlin & Schiller, Respondent
Washington County Board of Elections
Robert J. GrimmSwartz Campell LLC, Respondent
Robert J. GrimmSwartz Campell LLC, Respondent
Westmoreland County Board of Election
Melissa Ann GuiddyWestmoreland County Solicitor's Office, Respondent
Melissa Ann GuiddyWestmoreland County Solicitor's Office, Respondent