Supreme Court of the United States · Official docket →
Pennsylvania State Conference of the NAACP, et al. v. Al Schmidt, Secretary of Pennsylvania, et al.
Paid petition · United States Court of Appeals for the Third Circuit, No. 23-3166 · judgment March 27, 2024
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Question presented
Millions of Americans of every political stripe vote by mail in each federal election. The Materiality Provision of the 1964 Civil Rights Act prohibits “deny[ing] the right of any individual to vote in any election because of an error or omission on any record or paper relating to any application, registration, or other act requisite to voting, if such error or omission is not material in determining whether such individual is qualified under State law to vote in such election[.]” 52 U.S.C. § 10101(a)(2)(B). The statute expressly defines voting to include “all action necessary to make a vote effective including . . . casting a ballot, and having such ballot counted.” Id. § 10101(a)(3)(A), (e). The court of appeals held that this statute applies only to errors or omissions on voter registration forms and not to required forms that mail-ballot voters must complete for their mail ballot to be opened and counted. The question presented is whether, under the Materiality Provision, voters who cast a mail ballot may have their ballots excluded and not counted because of an error or omission on a required paper form accompanying their mail ballot, where the error or omission is undisputedly irrelevant in determining the voter’s identity or their qualifications or the timely receipt of their ballot.
Counsel of record
For petitioner
Ari Joseph Savitzky
American Civil Liberties Union Foundation
For respondent
Jeffrey David Bukowski
Smith Bukowski, LLC
Proceedings
- Jan 21 2025Petition DENIED.
- Dec 31 2024DISTRIBUTED for Conference of 1/17/2025.
- Dec 30 2024Reply of petitioners Pennsylvania State Conference of the NAACP, et al. filed. (Distributed)
- Dec 13 2024Response of respondent Northampton County, Pennsylvania filed.
- Dec 12 2024Waiver of right of respondent Democratic National Committee to respond filed.
- Dec 12 2024Waiver of right of respondent Westmoreland County Board of Elections to respond filed.
- Dec 12 2024Response of respondent Lehigh County Board of Elections filed.
- Dec 12 2024Brief of respondents Republican National Committee, et al. in opposition filed.
- Dec 12 2024Brief of respondent Berks County Board of Elections in opposition filed.
- Dec 12 2024Brief of respondents Philadelphia County Board of Elections, et al. in support filed.
- Dec 12 2024Brief of respondent Al Schmidt, Secretary of the Commonwealth of Pennsylvania, in support filed.
- Dec 12 2024Response of respondents Democratic Senatorial Campaign Committee, et al. filed.
- Nov 12 2024Response Requested. (Due December 12, 2024)
- Nov 06 2024DISTRIBUTED for Conference of 11/22/2024.
- Nov 01 2024Waiver of right of respondent Al Schmidt, Secretary of the Commonwealth of Pennsylvania to respond filed.
- Oct 31 2024Waiver of right of respondent Democratic National Committee to respond filed.
- Oct 31 2024Waiver of right of respondent Richard Marino, Republican National Committee, National Republican Congressional Committee, Republican Party of Pennsylvania to respond filed.
- Oct 31 2024Waiver of right of respondent Democratic Senatorial Campaign Committee and Democratic Congressional Campaign Committee to respond filed.
- Oct 31 2024Waiver of right of respondent Philadelphia County Board of Elections to respond filed.
- Oct 30 2024Waiver of right of respondent Westmoreland County Board of Elections to respond filed.
- Oct 28 2024Waiver of right of respondent Allegheny County Board of Elections to respond filed.
- Oct 24 2024Waiver of right of respondent Lehigh County Board of Elections to respond filed.
- Oct 17 2024Waiver of right of respondent Montgomery County Board of Elections to respond filed.
- Oct 10 2024Waiver of right of respondent Berks County Board of Elections to respond filed.
- Oct 09 2024Waiver of right of respondent The County of Northampton to respond filed.
- Sep 27 2024Petition for a writ of certiorari filed. (Response due October 31, 2024)
- Aug 20 2024Application (24A46) granted by Justice Alito extending the time to file until September 27, 2024.
- Aug 16 2024Application (24A46) to extend further the time from August 28, 2024 to September 27, 2024, submitted to Justice Alito.
- Jul 17 2024Application (24A46) granted by Justice Alito extending the time to file until August 28, 2024.
- Jul 10 2024Application (24A46) to extend the time to file a petition for a writ of certiorari from July 29, 2024 to September 27, 2024, submitted to Justice Alito.