The opinion
IN THE SUPREME COURT OF PENNSYLVANIA
EASTERN DISTRICT
BRIAN T. BAXTER AND SUSAN T. : No. 76 EM 2024
KINNIRY :
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v. :
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PHILADELPHIA BOARD OF ELECTIONS, :
REPUBLICAN NATIONAL COMMITTEE, :
AND REPUBLICAN PARTY OF :
PENNSYLVANIA :
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PETITION OF: REPUBLICAN NATIONAL :
COMMITTEE AND REPUBLICAN PARTY :
OF PENNSYLVANIA :
BRIAN T. BAXTER AND SUSAN T. : No. 77 EM 2024
KINNIRY :
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v. :
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PHILADELPHIA BOARD OF ELECTIONS, :
REPUBLICAN NATIONAL COMMITTEE, :
AND REPUBLICAN PARTY OF :
PENNSYLVANIA :
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PETITION OF: REPUBLICAN NATIONAL :
COMMITTEE AND REPUBLICAN PARTY :
OF PENNSYLVANIA :
ORDER
PER CURIAM
AND NOW, this 1st day of November, 2024, the Emergency Application for
Extraordinary Relief Pending Filing of Petition for Allowance of Appeal is GRANTED only
to the extent that the Commonwealth Court’s decision docketed at 1305 C.D. 2024 and
1309 C.D. 2024 is stayed and shall not be applied to the November 5, 2024 General
Election. This stay is entered without prejudice to the filing and due consideration on the
merits of any petition for allowance of appeal that the parties may file or the disposition of
an appeal should this Court grant such petition.
The Application for Leave to File Amicus Brief on Behalf of Restoring Integrity and
Trust in Elections, Inc. and the Application for Leave to File Amicus Brief by Pennsylvania
Department of State and Secretary of the Commonwealth Al Schmidt are GRANTED.
The Proposed Intervenor-Respondents’ Combined Application to Intervene and
Response to the RNC’s and RPP’s Emergency Stay Application by the Democratic
National Committee and Pennsylvania Democratic Party is DENIED as moot without
prejudice to renew their request in connection with any forthcoming petition for allowance
of appeal or appeal in the above-captioned matter.
Justice Donohue files a concurring statement in which Chief Justice Todd joins.
Justice Dougherty files a concurring statement.
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