Nursing Home Residents Win on Absentee Ballot Challenge

Residents of a nursing home in Pennsylvania overcame an interesting challenge to their votes during a November 5 election, but it took a court hearing to get that result.  State Court Judge Joseph Cronin in Delaware County, outside of Philadelphia, ruled in favor of the seniors on November 20.

Background:  A Pennsylvania poll-watcher challenged a number of absentee ballots cast by residents of a nursing home in the November 5 election, reportedly on the grounds that “various types of handwriting” appeared on the voters’ applications to vote by absentee ballot or on the envelopes they used to cast the absentee ballots. Of course, absentee ballots may be important for individuals unable to travel easily to the polls. 

Under Pennsylvania law, voters are entitled to notice and an opportunity to contest the challenge before the county Election Board.  However, apparently none of the residents at Broomall Rehabilitation and Nursing Center were notified of the November 11 Election Board hearing, although a “subpoena was delivered to a member of the nursing home staff by a Pennsylvania constable,” according to the Daily Times.  The Election Board then ruled 2 to 1 in favor of the Republican poll-watcher’s challenge on ballots by  61 of 67 residents of the nursing home, with the vote splitting along party lines. 

Ultimately, 14 of the residents then retained an attorney and filed a formal court appeal, resulting in the ruling in their favor.   They did not, however, testify or even appear at the court hearing, which apparently focused on procedural errors in the ballot challenge. 

I would like to think that someone on the defense side of the case had a moment of pause, when they learned the judge assigned to the case was a senior judge.  In my experience, senior judges are not terribly receptive to arguments that appear to presume a lack of mental capacity based on age.  On the other hand, I suppose one could also ask why ALL of the residents who cast challenged absentee ballots were not a part of the court appeal?