The suit was heard and as is explained, that is a decision (extending the absentee ballot deadline) that only a fereral court judge can make, and did. If you don't care to read the entire letter, (long) here's a pertinent excerpt from a letter written by Gov. Rendell to Senator Santorum in respone to the charges.One lawsuit that will probably never happen.....A Class action suit against the State of Pennsylvania by the troops who have just been disenfranchised to to the Ex DNC chairman and Governor of PA, Ed Rendell. GOV. Rendell has refused to extend the deadline for absentee ballots, which, when combined with the actions of the PA SC, which removed Nader from the ballot, has taken the right to vote away from the people who are defending the rights of everyone in the country. Congradulations to the DNC.
"As Judge Kane noted in her Memorandum and Order, the proposal by the federal government would have "invited unpredictability to an otherwise orderly and
time tested elections process" and "may do more to disenfranchise overseas
voters than the harm they seek to cure."
Despite these facts and the existence of a federal court decision on the matter, members of the media and others continue to call on me to extend the deadline for receipt of military and overseas ballots. As an attorney, you
know that I do not have the power unilaterally to extend deadlines set by
statute - and it is disingenuous for anyone who believes in the rule of law
even to suggest such action".
HARRISBURG, Pa., Oct. 25 /PRNewswire/ -- Governor Edward G. Rendell
released a letter he wrote to U.S. Sen. Rick Santorum regarding misinformation
about military and overseas absentee ballots.
The Governor's letter follows.
October 25, 2004
The Honorable Rick Santorum
United States Senate
511 Dirksen Senate Building
Washington, DC 20510
Dear Senator Santorum:
As Governor of the Commonwealth of Pennsylvania, I have a constitutional
obligation to protect the right of every eligible Pennsylvania citizen to vote
and to ensure that these votes are properly counted. This is the same duty
that I discharged as Mayor and District Attorney of the City of Philadelphia.
I believe that the right to vote is fundamental, and I will never allow that
right to be compromised for any reason.
So let me be absolutely clear concerning the votes of our servicemen and
women and other overseas Pennsylvania citizens: We have received written
certifications from 65 of Pennsylvania's 67 counties that they have provided
absentee ballots to military and overseas voters in accordance with applicable
Federal law. The two remaining counties have cured problems with the issuance
of absentee ballots through an expedited mailing and ballot return process as
explained below. These certifications support the conclusion that all
Pennsylvania military and overseas ballots have been sent out in accordance
with Federal law. All of these ballots will be counted in accordance with law
for the November 2nd General Election.
As you know, several weeks ago, Attorney General John Ashcroft through the
United States Department of Justice (DOJ) requested a federal court order
requiring Pennsylvania counties (a) to deliver to military and overseas voters
a second absentee ballot that did not include the names of Ralph Nader and
Peter Camejo and (b) to grant a two-week extension for the counting of
military and overseas ballots cast in the November 2nd General Election. The
Pennsylvania Republican and Democratic parties and the presidential campaigns
were given notice of this court proceeding.
The commonwealth opposed Attorney General Ashcroft's request because all
military and overseas ballots had been issued in time to be received and
counted in accordance with law, and because a second absentee ballot would
create significant voter confusion. After two days of hearings and arguments
last week, United States District Court Judge Yvette Kane - who served as
Secretary of the Commonwealth under Governor Tom Ridge and is intimately
familiar with Pennsylvania election law and procedures - agreed with the
commonwealth's position and denied the DOJ request.
Some have noted that the commonwealth agreed to an extension of time for
the return of military and overseas ballots for the April 2004 primary
election. In fact, the commonwealth agreed to an extension for the primary
election because many county boards of elections in March failed in their
statutory duty to deliver and mail special write-in absentee ballots under the
applicable statutory deadlines. Moreover, as a consequence of the late
mailings, commonwealth officials were convinced that at least some overseas
voters were unlikely to receive their absentee ballots in sufficient time to
return them by the statutory deadline. Because many absentee ballots were
delivered late in advance of the primary and to protect the rights of voters
overseas, the commonwealth agreed to an extension of the filing deadline,
which was memorialized by a federal court order.
Unlike the primary election, for the November 2nd General Election the
county boards of elections (with two exceptions discussed below) have
certified in writing that they delivered or mailed absentee ballots to
military and overseas voters either by September 20th - the deadline under
Pennsylvania law - or a day or two later to accommodate changes made to the
absentee ballot required by state court actions on whether Nader and Camejo
should appear on the General Election ballot.
We are aware of two relatively small counties that failed to deliver and
mail ballots as required by law. When the Department of State learned of
these counties' omissions in early October, it directed these counties to send
out special write-in absentee ballots immediately by express mail and to
provide military and overseas voters an expedited method of returning absentee
ballots free of charge. Judge Kane and the Department of Justice approved of
this remedy for these two counties.
Beyond these two counties, neither the DOJ nor any other voter or
interested person has claimed in legal submissions or at the hearing last week
that other county boards of elections failed to send absentee ballots to
military or overseas electors as required by Pennsylvania law in time for
these voters to receive and vote absentee ballots by the statutory deadline.
As Judge Kane noted in her Memorandum and Order, the proposal by the federal government would have "invited unpredictability to an otherwise orderly and
time tested elections process" and "may do more to disenfranchise overseas
voters than the harm they seek to cure."
Despite these facts and the existence of a federal court decision on the matter, members of the media and others continue to call on me to extend the deadline for receipt of military and overseas ballots. As an attorney, you
know that I do not have the power unilaterally to extend deadlines set by
statute - and it is disingenuous for anyone who believes in the rule of law
even to suggest such action.
Moreover, even if I had the power to extend the
deadline, I am convinced, based on my review of the facts and the
well-reasoned and thorough opinion of Judge Kane, that there is no reason to
do so. However, if any credible evidence is presented in a timely manner that
any county has not in fact complied with the law, the commonwealth is prepared
to seek an appropriate judicial remedy.
As we enter the last week of this election cycle, I am confident that
despite our philosophical differences, we will be united in continuing to
protect the voting rights of our citizens.
Sincerely,
Edward G. Rendell
Governor
CONTACT: Kate Philips of the Pennsylvania Office of the Governor,
+1-717-783-1116
Reply With Quote
Bookmarks