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Fulton County, Pennsylvania, et al. v. Secretary of the Commonwealth of Pennsylvania, et al.

Paid petition · Supreme Court of Pennsylvania, Middle District, No. 3 MAP 2022 · judgment April 19, 2023


Certiorari denied · October 10, 2023
Pre-decision estimate: 2% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Questions presented

  1. Did the Pennsylvania Supreme Court err in holding Petitioners, County Board of Elections, in contempt for conducting an inspection of voting machines in assessing its contractual relationship with Dominion Voting Systems (Dominion), where under Article I, section 4 of the United States Constitution, the Pennsylvania General Assembly delegated the exclusive power to manage procedures regarding elections to County Boards of Elections?

  2. Did the Pennsylvania Supreme Court err in sanctioning the Petitioners and their attorneys for having conducted an inspection of Dominion voting machines where the Pennsylvania General Assembly has delegated its plenary constitutional authority pursuant to Article I, section 4 of the Constitution to appoint experts and conduct inspections on voting machines to the county boards of elections, and pursuant to that authority Petitioners had such an inspection 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

Linked docket
23A204

Proceedings

  1. Oct 10 2023
    Petition DENIED.
  2. Sep 13 2023
    DISTRIBUTED for Conference of 10/6/2023.
  3. Sep 12 2023
    Application (23A204) referred to the Court.
  4. Sep 12 2023
    Application (23A204) denied by the Court.
  5. Aug 31 2023
    Application (23A204) for a stay, submitted to Justice Alito.
  6. Aug 22 2023
    Waiver of right of respondent Dominion Voting Systems, Inc. to respond filed.
  7. Aug 10 2023
    Waiver of right of respondent Secretary of the Commonwealth of Pennsylvania to respond filed.
  8. May 27 2023
    Petition for a writ of certiorari filed. (Response due September 1, 2023)