Supreme Court of the United States · Official docket →
Pennsylvania v. Bette Eakin, et al.
Paid petition · United States Court of Appeals for the Third Circuit, No. 25-1644 · judgment August 26, 2025
(petition-stage, structural)
Well below the 4.1% base rate, with no standout signals pointing toward a grant.
Question presented
Among other simple steps Pennsylvania voters take when casting mail-in ballots, they must sign and date a pre-printed declaration on a return envelope. 25 Pa. Stat. §§3146.6(a), 3150.16(a). “[F]or a voter with a functioning pen, sufficient ink, and average hand dexterity,” complying with this instruction “should take less than five seconds.” App.94a. (Bove, J., dissenting from the denial of en banc). Yet the Court of Appeals held that this de minimis, generally applicable requirement somehow violates the First and Fourteenth Amendments, purporting to apply this Court’s Anderson-Burdick balancing test in reaching that conclusion. Anderson v. Celebrezze, 460 U.S. 780 (1983); Burdick v. Takushi, 504 U.S. 428 (1992). App.38a. Over two forceful dissents, the Third Circuit narrowly denied rehearing en banc. App.90a. Both dissents noted that the Pennsylvania Supreme Court’s intervening ruling in Center for Coalfield Justice v. Washington County Board of Elections, 343 A.3d 1178 (Pa. Sep. 26, 2025), fatally undercut the panel’s central rationale. App.91a–92a (Phipps, J., dissenting from the denial of en banc); App.101a–102a (Bove, J., dissenting from the denial of en banc). And one dissent highlighted that the panel opinion raised “significant federalism concerns,” misread binding precedent, and “deepened a Circuit split” over elevating scrutiny under Anderson-Burdick. App. 95a (Bove, J., dissenting from the denial of en banc). The question presented is: Does Pennsylvania’s requirement that mail-in voters provide a handwritten date when signing a preprinted declaration on a ballot return envelope violate the First or Fourteenth Amendment to the United States Constitution?
Counsel of record
For petitioner
Daniel Barrett Mullen
Pennsylvania Office of Attorney General
For respondent
Dennis Richard Biondo Jr.
County of Allegheny Law Department
Proceedings
- Jun 29 2026Motion for leave to file amicus brief filed by Professor Michael T. Morley, et al. GRANTED.
- Jun 29 2026The Solicitor General is invited to file a brief in this case expressing the views of the United States.
- Jun 09 2026DISTRIBUTED for Conference of 6/25/2026.
- Jun 09 2026Waiver of right of respondents Butler, Clarion, Potter, Susquehanna, and Tioga Boards of Election to respond filed.
- Jun 05 2026Reply of petitioner Pennsylvania filed. (Distributed)
- Jun 03 2026Waiver of the 14-day waiting period for the distribution of the petition pursuant to Rule 15.5 filed by petitioner.
- Jun 02 2026Letter of Allegheny County Board of Elections submitted.
- Jun 01 2026Waiver of right of respondent Chester County Board of Elections to respond filed.
- Jun 01 2026Waiver of right of respondent Montgomery County Board of Elections to respond filed.
- Jun 01 2026Brief of respondents Republican National Committee, et al. in support filed.
- Jun 01 2026Brief of respondents Bette Eakin, et al. in opposition filed. VIDED.
- Jun 01 2026Letter of respondent Delaware County Board of Elections filed.
- Jun 01 2026Brief of respondent Lehigh County Board of Elections filed. VIDED.
- Jun 01 2026Brief of respondent Berks County Board of Elections in support filed.
- Jun 01 2026Brief of respondents Bedford County, et al. filed.
- Jun 01 2026Letter of respondent Philadelphia County Board of Elections filed.
- Jun 01 2026Brief of respondent York County Board of Elections filed. VIDED. (Distributed)
- May 29 2026Brief of respondent Luzerne County Board of Elections and Registration in opposition filed. VIDED.
- Apr 08 2026Motion to extend the time to file a response is granted and the time is extended to and including June 1, 2026, for all respondents.
- Apr 07 2026Motion of respondents Bette Eakin, et al. to extend the time to file a response from May 1, 2026 to June 1, 2026, submitted to The Clerk.
- Apr 01 2026Response Requested. (Due May 1, 2026)
- Mar 25 2026DISTRIBUTED for Conference of 4/17/2026.
- Mar 19 2026Waiver of right of respondent Bedford County Board of Elections, et al. to respond filed.
- Mar 19 2026Waiver of right of respondents Bette Eakin, DSCC, DCCC, and AFT Pennsylvania to respond filed.
- Mar 19 2026Waiver of right of respondent York County Board of Elections to respond filed.
- Mar 19 2026Brief amici curiae of Kim Ward, President Pro Tempore of the Pennsylvania Senate, et al. filed.
- Mar 18 2026Waiver of right of respondent Berks County Board of Elections to respond filed.
- Mar 17 2026Waiver of right of respondent Lehigh County Board of Elections to respond filed.
- Mar 16 2026Waiver of right of respondent Luzerne County Board of Elections and Registration to respond filed.
- Mar 16 2026Waiver of right of respondent Philadelphia County Board of Elections to respond filed.
- Mar 16 2026Brief amicus curiae of America First Legal Foundation filed. VIDED.
- Mar 16 2026Motion for leave to file amici brief filed by Professor Michael T. Morley, et al. VIDED.
- Mar 12 2026Waiver of right of respondent Westmoreland County Board of Elections to respond filed.
- Mar 12 2026Waiver of right of respondent Delaware County Board of Elections to respond filed.
- Mar 07 2026Waiver of right of respondent Juniata County Board of Elections to respond filed.
- Mar 03 2026Waiver of right of respondents Republican National Committee, National Republican Congressional Committee, Republican Party of Pennsylvania to respond filed.
- Feb 11 2026Petition for a writ of certiorari filed. (Response due March 19, 2026)
- Dec 05 2025Application (25A658) granted by Justice Alito extending the time to file until February 11, 2026.
- Dec 01 2025Application (25A658) to extend the time to file a petition for a writ of certiorari from January 12, 2026 to February 11, 2026, submitted to Justice Alito.