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

Paid petition · United States Court of Appeals for the Third Circuit, No. 20-3214 · judgment November 13, 2020

GVR'd · April 19, 2021
Pre-decision estimate: 9% cert probability (95% interval 5%–15%)

Before the decision, about 2.1× the 4.1% base rate. The model weighted this up for a petition filed soon after the judgment below, a Third Circuit decision below, and counsel who has filed here before, and down for a state or local-government respondent.

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.

Counsel of record

For petitioner
David H. Thompson
Cooper & Kirk, PLLC

For respondent
Anthony Victor Clarke
The Clarke Firm

Case

Conference history
Distributed for 2 conferences

Proceedings

  1. May 21 2021
    JUDGMENT ISSUED.
  2. Apr 19 2021
    Petition GRANTED. Judgment VACATED and case REMANDED with instructions to dismiss the case as moot. See United States v. Munsingwear, Inc., 340 U. S. 36 (1950).
  3. Mar 31 2021
    DISTRIBUTED for Conference of 4/16/2021.
  4. Mar 29 2021
    Reply of petitioners Jim Bognet, et al. filed. (Distributed)
  5. Mar 23 2021
    Letter of March 15, 2021 from counsel for respondent Susquehanna County Board of Elections received.
  6. Mar 15 2021
    Brief of respondent Luzerne County Board of Elections in opposition filed.
  7. Mar 15 2021
    Brief of respondent Westmoreland County Board of Election in opposition filed.
  8. Mar 15 2021
    Brief of respondent Northampton County Board of Elections in opposition filed.
  9. Mar 15 2021
    Brief of respondent Veronica Degraffenreid, Acting Secretary of Pennsylvania in opposition filed.
  10. Mar 15 2021
    Brief of respondent Democratic National Committee in opposition filed.
  11. Mar 15 2021
    Brief of respondents Chester County Board of Elections, Delaware County Board of Elections, Montgomery County Board of Elections in opposition filed.
  12. Mar 15 2021
    Brief of respondent Union County Board of Elections in opposition filed.
  13. Mar 15 2021
    Brief of respondent Washington County Board of Elections in opposition filed.
  14. Mar 15 2021
    Brief of respondents Allegheny County Board of Elections, Bucks County Board of Elections, Philadelphia County Board of Elections in opposition filed.
  15. Mar 15 2021
    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.
  16. Mar 15 2021
    Brief of respondent Armstrong County Board of Elections, et al. in opposition submitted.
  17. Mar 15 2021
    Brief of respondent Franklin County Board of Elections, Perry County Board of Elections in opposition submitted.
  18. Feb 17 2021
    Waiver of McKean County Board of Elections of right to respond not accepted for filing. (February 22, 2021)
  19. Feb 10 2021
    Waiver of McKean County Board of Elections of right to respond not accepted for filing. (February 16, 2021)
  20. Jan 26 2021
    Brief of respondent Adams County Board of Elections in opposition filed.
  21. Jan 25 2021
    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.
  22. Jan 22 2021
    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.
  23. Jan 22 2021
    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.
  24. Jan 13 2021
    Response Requested. (Due February 12, 2021)
  25. Dec 30 2020
    DISTRIBUTED for Conference of 1/15/2021.
  26. Dec 23 2020
    Waiver of right of respondents Franklin County Board of Elections, Perry County Board of Elections to respond filed.
  27. Dec 23 2020
    Waiver of right of respondent Westmoreland County Board of Election to respond filed.
  28. Dec 23 2020
    Waiver of right of respondent Democratic National Committee to respond filed.
  29. Dec 23 2020
    Waiver of right of respondent Allegheny County Board of Elections to respond filed.
  30. Dec 22 2020
    Waiver of right of respondent Luzerne County Board of Elections to respond filed.
  31. Dec 22 2020
    Waiver of right of respondent Delaware County Board of Elections to respond filed.
  32. Dec 21 2020
    Waiver of right of respondent Kathy Boockvar, Secretary of the Commonwealth of Pennsylvania to respond filed.
  33. Dec 21 2020
    Waiver of right of respondent Montgomery County Board of Elections to respond filed.
  34. Dec 21 2020
    Waiver of right of respondent The Chester County Board of Elections to respond filed.
  35. Dec 18 2020
    Waiver of right of respondents Sullivan and Wyoming County Boards of Elections to respond filed.
  36. Dec 18 2020
    Waiver of right of respondent Northampton County Board of Elections to respond filed.
  37. Dec 17 2020
    Waiver of right of respondent Washington County Board of Elections to respond filed.
  38. Dec 17 2020
    Waiver of right of respondent Jefferson County Board of Elections to respond filed.
  39. Dec 17 2020
    Waiver of right of respondent Clearfield County Board of Elections to respond filed.
  40. Dec 16 2020
    Waiver of right of respondent Union County Board of Elections to respond filed.
  41. Dec 15 2020
    Waiver of right of respondents Armstrong County Board of Elections, et al. to respond filed.
  42. Dec 14 2020
    Waiver of right of respondent Butler County Bureau of Elections to respond filed.
  43. Dec 12 2020
    Waiver of right of respondent Berks County Board of Elections to respond filed.
  44. Dec 11 2020
    Waiver of Union County Board of Elections of right to respond not accepted for filing. (December 15, 2020)
  45. Dec 11 2020
    Waiver of right of respondent Susquehanna County Board of Elections to respond filed.
  46. Dec 11 2020
    Waiver of right of respondent Lancaster County Board of Elections to respond filed.
  47. Dec 11 2020
    Waiver of right of respondent Potter County Board of Elections to respond filed.
  48. Dec 10 2020
    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.
  49. Nov 20 2020
    Petition for a writ of certiorari filed. (Response due December 28, 2020)
  50. Oct 11 2020
    Waiver of right of respondents Clarion County Board of Elections and Tioga County Board of Elections to respond filed.