Pennsylvania Overseas Voter Verification Challenge
Reschenthaler v. Schmidt
Lawsuit filed by Republican U.S. Reps. Guy Reschenthaler, Dan Meuser, Glenn Thompson, Lloyd Smucker and Mike Kelly against Pennsylvania Secretary of State Al Schmidt (R) and Deputy Secretary for Elections Jonathan Marks challenging the state’s verification of overseas voter eligibility before accepting and counting their ballots. The Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA) is a federal law granting some U.S. citizens overseas the right to vote. The applicant must prove they are eligible by providing an acceptable form of identification such as a driver’s license or social security number. The voter must also fulfill the state’s individual voter eligibility requirements. In Pennsylvania, election officials may also reject a UOCAVA application if they cannot determine whether or not the applicant is eligible to vote.
The Republican representatives allege that the secretary issued guidance to local election officials instructing them to exempt UOCAVA applicants from any verification requirements. The representatives claim this guidance violates UOCAVA and the Help America Vote Act (HAVA), and ask the court to order the secretary to issue new guidance instructing local election officials to verify the identity and eligibility of UOCAVA applicants before accepting and counting their ballots. The representatives also ask the court to require that county officials separate UOCAVA ballots returned for the November 2024 general election and refrain from counting the ballot until the identity of the applicant can be verified.
RESULT: On Oct. 29, 2024, the district court granted the state defendants’ motion to dismiss. Pennsylvania will continue to exempt overseas voter applicants from certain voter eligibility requirements.
Case Documents
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