# Baxter v. Phila. Bd. of Elections; of RNC

> Supreme Court of Pennsylvania · January 17, 2025

URL: https://www.frixlaw.com/law-library/cases/10783412

## Case

- **Court:** Supreme Court of Pennsylvania
- **Decided:** January 17, 2025
- **Precedential status:** Published
- **Opinion:** Opinion
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/10783412

## Opinion text

IN THE SUPREME COURT OF PENNSYLVANIA
EASTERN DISTRICT

BRIAN T. BAXTER AND SUSAN T. : No. 395 EAL 2024
KINNIRY :
:
: Petition for Allowance of Appeal
v. : from the Order of the
: Commonwealth Court
:
PHILADELPHIA BOARD OF ELECTIONS, :
REPUBLICAN NATIONAL COMMITTEE, :
AND REPUBLICAN PARTY OF :
PENNSYLVANIA :
:
:
PETITION OF: REPUBLICAN NATIONAL :
COMMITTEE AND REPUBLICAN PARTY :
OF PENNSYLVANIA :

BRIAN T. BAXTER AND SUSAN T. : No. 396 EAL 2024
KINNIRY :
:
: Petition for Allowance of Appeal
v. : from the Order of the
: Commonwealth Court
:
PHILADELPHIA BOARD OF ELECTIONS, :
REPUBLICAN NATIONAL COMMITTEE, :
AND REPUBLICAN PARTY OF :
PENNSYLVANIA :
:
:
PETITION OF: REPUBLICAN NATIONAL :
COMMITTEE AND REPUBLICAN PARTY :
OF PENNSYLVANIA :

ORDER
PER CURIAM

AND NOW, this 17th day of January, 2025, the Petition for Allowance of Appeal is

GRANTED, LIMITED TO the issues set forth below. Allocatur is DENIED as to all

remaining issues. The issues, rephrased for clarity, are:

(1) Did the Commonwealth Court err in barring enforcement of the Election
Code’s mail-in and absentee ballot envelope dating requirements, see 25
P.S. §§3146.6(a), 3150.16, upon the rationale that those requirements
violate the “Free and Equal Elections Clause” found in Article I, Section 5 of
the Pennsylvania Constitution?

(2) If the Commonwealth Court did not so err, does its ruling activate the
nonseverability clause included in Section 11 of the Act of October 31, 2019,
Pub. L. 552, No. 77 (“Act 77”) (see 25 P.S. §2602, Note), so as to require
invalidation of the entirety of Act 77?

The Application to Intervene of Proposed Intervenor-Respondent and Proposed

Answer to Petition for Allowance of Appeal filed by the Pennsylvania Democratic Party is

GRANTED.

Respondents Brian T. Baxter and Susan T. Kinniry are DIRECTED to satisfy the

requirements of Pa.R.A.P. 521(a) (relating to the provision of notice to the Attorney

General of Pennsylvania of a constitutional challenge to a statute where neither the

Commonwealth nor any officer thereof is a party).

Justice Donohue files a concurring and dissenting statement in which Justice

McCaffery joins.

[395 EAL 2024 and 396 EAL 2024] - 2

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/10783412. Public record. Not legal advice.