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County of Fulton, Pennsylvania, et al. v. Al Schmidt, Secretary of Pennsylvania, et al.

Paid petition · Supreme Court of Pennsylvania, Middle District, No. 3 MAP 2022 · judgment February 21, 2024


Certiorari denied · October 7, 2024
Pre-decision estimate: 6% cert probability (95% interval 3%–10%)

Before the decision, modestly above the 4.1% base rate. The model weighted this up for counsel with five or more prior petitions here, a state or local-government petitioner, and a dissent in the court below (flagged in the petition), and down for a state or local-government respondent.

Questions presented

  1. Did the Pennsylvania Supreme Court err in allowing a Special Master to order that voting machines owned by the County of Fulton were to be placed in custody of a third party, where under Article I, section 4 of the United States Constitution, the Pennsylvania General Assembly delegated the exclusive power to manage procedures regarding elections and voting equipment to County Boards of Elections?

  2. Did the Pennsylvania Supreme Court err in sanctioning the Petitioners and their attorneys for having experts analyze voting machines that the County Board of Elections bought under contract, where the Pennsylvania General Assembly has delegated its plenary constitutional authority pursuant to Article I, section 4 of the Constitution to appoint experts and examine and analyze voting machines to the county boards of elections, and pursuant to that authority Petitioners had such analyses performed for the purposes of fulfilling its delegated responsibilities under the Constitution?

Counsel of record

For petitioner
Howard Kleinhendler
Howard Kleinhendler Esquire

For respondent
Shawn Norman Gallagher
Buchanan Ingersoll & Rooney PC

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Oct 07 2024
    Petition DENIED.
  2. Jul 10 2024
    DISTRIBUTED for Conference of 9/30/2024.
  3. May 30 2024
    Waiver of right of respondent Secretary of the Commonwealth of Pennsylvania to respond filed.
  4. May 30 2024
    Waiver of right of respondent Dominion Voting Systems, Inc. to respond filed.
  5. May 21 2024
    Petition for a writ of certiorari filed. (Response due June 24, 2024)