No. 25-967

Pennsylvania v. Bette Eakin, et al.

Lower Court: Third Circuit
Docketed: 2026-02-17
Status: Pending
Type: Paid
Amici (2)Response RequestedResponse Waived
Tags: anderson-burdick-test election-law first-amendment fourteenth-amendment mail-in-ballots voting-rights
Latest Conference: N/A
Related Cases: 25-962 (Vide)
Question Presented (from Petition)

Does Pennsylvania's requirement that mail-in voters provide a handwritten date when signing a preprinted declaration on a ballot return envelope violate the First or Fourteenth Amendment to the United States Constitution?

Question Presented (AI Summary)

Whether Pennsylvania's requirement that mail-in voters provide a handwritten date when signing a preprinted declaration on a ballot return envelope violates the First or Fourteenth Amendment to the United States Constitution?

Docket Entries

2026-04-08
Motion to extend the time to file a response is granted and the time is extended to and including June 1, 2026, for all respondents.
2026-04-07
Motion of respondents Bette Eakin, et al. to extend the time to file a response from May 1, 2026 to June 1, 2026, submitted to The Clerk.
2026-04-07
Motion of Bette Eakin, DSCC, DCCC, and AFT Pennsylvania for an extension of time submitted.
2026-04-01
Response Requested. (Due May 1, 2026)
2026-03-25
DISTRIBUTED for Conference of 4/17/2026.
2026-03-19
Waiver of right of respondent Bedford County Board of Elections, et al. to respond filed.
2026-03-19
Amicus brief of President Pro Tempore of the Pennsylvania Senate, Kim Ward, Majority Leader of the Pennsylvania Senate, Joe Pittman, and Republican Leader of the Pennsylvania House of Representatives, Jesse Topper submitted.
2026-03-19
Waiver of Bette Eakin, DSCC, DCCC, and AFT Pennsylvania of right to respond submitted.
2026-03-19
Waiver of York County Board of Elections of right to respond submitted.
2026-03-19
Waiver of right of respondents Bette Eakin, DSCC, DCCC, and AFT Pennsylvania to respond filed.
2026-03-19
Waiver of right of respondent York County Board of Elections to respond filed.
2026-03-19
Brief amici curiae of President Pro Tempore of the Pennsylvania Senate et al. filed.
2026-03-19
Brief amici curiae of Kim Ward, President Pro Tempore of the Pennsylvania Senate, et al. filed.
2026-03-18
Waiver of right of respondent Berks County Board of Elections to respond filed.
2026-03-17
Waiver of right of respondent Lehigh County Board of Elections to respond filed.
2026-03-17
Waiver of Lehigh County Board of Elections of right to respond submitted.
2026-03-16
Waiver of right of respondent Philadelphia County Board of Elections to respond filed.
2026-03-16
Waiver of right of respondent Luzerne County Board of Elections and Registration to respond filed.
2026-03-16
Waiver of Philadelphia County Board of Elections of right to respond submitted.
2026-03-16
Waiver of Luzerne County Board of Elections and Registration of right to respond submitted.
2026-03-16
Motion of Professor Michael T. Morley and Florida State University Election Law Center for leave to file amicus brief submitted.
2026-03-16
Amicus brief of America First Legal Foundation submitted.
2026-03-12
Waiver of right of respondent Delaware County Board of Elections to respond filed.
2026-03-12
Waiver of right of respondent Westmoreland County Board of Elections to respond filed.
2026-03-07
Waiver of right of respondent Juniata County Board of Elections to respond filed.
2026-03-03
Waiver of right of respondents Republican National Committee, National Republican Congressional Committee, Republican Party of Pennsylvania to respond filed.
2026-03-03
Waiver of Republican National Committee, National Republican Congressional Committee, Republican Party of Pennsylvania of right to respond submitted.
2026-02-11
Petition for a writ of certiorari filed. (Response due March 19, 2026)
2025-12-05
Application (25A658) granted by Justice Alito extending the time to file until February 11, 2026.
2025-12-01
Application (25A658) to extend the time to file a petition for a writ of certiorari from January 12, 2026 to February 11, 2026, submitted to Justice Alito.

Attorneys

America First Legal Foundation
Christopher E. MillsSpero Law LLC, Amicus
Bedford County Board of Elections, Carbon County Board of Elections, Centre County Board of Elections, Columbia County Board of Elections, Dauphin County Board of Elections, Huntingdon County Board of Elections, Indiana County Board of Elections, Jefferso
Joseph Victor SchaefferBabst Calland Clements & Zomnir, P.C., Respondent
Berks County Board of Elections
Jeffrey David BukowskiSmith Bukowski, LLC, Respondent
Bette Eakin, DSCC, DCCC, and AFT Pennsylvania
Uzoma Nkem NkwontaElias Law Group LLP, Respondent
Commonwealth of Pennsylvania
Daniel Barrett MullenPennsylvania Office of Attorney General, Petitioner
Brett Thomas GrahamPennsylvania Office of Attorney General, Petitioner
Delaware County Board of Elections
James Manly ParksDuane Morris LLP, Respondent
Juniata County Board of Elections
Donald K. ZagurskieJuniata County Solicitor, Respondent
Lehigh County Board of Elections
Catherine Meade RoseberryCnty. of Lehigh - Dept. of Law, Respondent
Luzerne County Board of Elections and Registration
Joseph Matthias CosgroveSelingo Guagliardo LLC, Respondent
Philadelphia County Board of Elections
Ilana Hope EisensteinDLA Piper LLP (US), Respondent
President Pro Tempore of the Pennsylvania Senate, Kim Ward, Majority Leader of the Pennsylvania Senate, Joe Pittman, and Republican Leader of the Pennsylvania House of Representatives, Jesse Topper
Zachary Michael WallenChalmers, Adams, Backer & Wallen, LLC, Amicus
Professor Michael T. Morley and Florida State University Election Law Center
Michael T. MorleyFlorida State University Election Law Center, Amicus
Republican National Committee, National Republican Congressional Committee, Republican Party of Pennsylvania
John Matthew GoreJones Day, Respondent
Westmoreland County Board of Elections
Melissa Ann GuiddyWestmoreland County Solicitor's Office, Respondent
York County Board of Elections
Jonelle Harter EshbachYork County Solicitor, Respondent