[J-96-2020][M.O. - Baer, J.]

IN THE SUPREME COURT OF PENNSYLVANIA

MIDDLE DISTRICT

PENNSYLVANIA DEMOCRATIC PARTY, 

NILOFER NINA AHMAD, DANILO

BURGOS, AUSTIN DAVIS, DWIGHT 

EVANS, ISABELLA FITZGERALD, 

EDWARD GAINEY, MANUEL M. GUZMAN, 

JR., JORDAN A. HARRIS, ARTHUR 

HAYWOOD, MALCOLM KENYATTA, 

PATTY H. KIM, STEPHEN KINSEY, PETER 

SCHWEYER, SHARIF STREET, AND 

ANTHONY H. WILLIAMS

v.

KATHY BOOCKVAR, IN HER CAPACITY 

AS SECRETARY OF THE 

COMMONWEALTH OF PENNSYLVANIA; 

ADAMS COUNTY BOARD OF ELECTIONS; 

ALLEGHENY COUNTY BOARD OF 

ELECTIONS; ARMSTRONG COUNTY 

BOARD OF ELECTIONS; BEAVER 

COUNTY BOARD OF ELECTIONS; 

BEDFORD COUNTY BOARD OF 

ELECTIONS; BERKS COUNTY BOARD OF 

ELECTIONS; BLAIR COUNTY BOARD OF 

ELECTIONS; BRADFORD COUNTY 

BOARD OF ELECTIONS; BUCKS COUNTY 

BOARD OF ELECTIONS; BUTLER 

COUNTY BOARD OF ELECTIONS; 

CAMBRIA COUNTY BOARD OF 

ELECTIONS; CAMERON COUNTY BOARD 

OF ELECTIONS; CARBON COUNTY 

BOARD OF ELECTIONS; CENTRE 

COUNTY BOARD OF ELECTIONS; 

CHESTER COUNTY BOARD OF 

ELECTIONS; CLARION COUNTY BOARD 

OF ELECTIONS; CLEARFIELD COUNTY 

BOARD OF ELECTIONS; CLINTON 

COUNTY BOARD OF ELECTIONS; 

:

:

:

:

:

:

:

:

:

:

:

:

:

:

:

:

:

:

:

:

:

:

:

:

:

:

:

:

:

:

:

:

:

:

:

:

:

:

:

:

No. 133 MM 2020

SUBMITTED: September 8, 2020
[J-96-2020][M.O. - Baer, J.] - 2

COLUMBIA COUNTY BOARD OF 

ELECTIONS; CRAWFORD COUNTY 

BOARD OF ELECTIONS; CUMBERLAND 

COUNTY BOARD OF ELECTIONS; 

DAUPHIN COUNTY BOARD OF 

ELECTIONS; DELAWARE COUNTY 

BOARD OF ELECTIONS; ELK COUNTY 

BOARD OF ELECTIONS; ERIE COUNTY 

BOARD OF ELECTIONS; FAYETTE 

COUNTY BOARD OF ELECTIONS; 

FOREST COUNTY BOARD OF 

ELECTIONS; FRANKLIN COUNTY BOARD 

OF ELECTIONS; FULTON COUNTY 

BOARD OF ELECTIONS; GREENE 

COUNTY BOARD OF ELECTIONS; 

HUNTINGDON COUNTY BOARD OF 

ELECTIONS; INDIANA COUNTY BOARD 

OF ELECTIONS; JEFFERSON COUNTY 

BOARD OF ELECTIONS; JUNIATA 

COUNTY BOARD OF ELECTIONS; 

LACKAWANNA COUNTY BOARD OF 

ELECTIONS; LANCASTER COUNTY 

BOARD OF ELECTIONS; LAWRENCE 

COUNTY BOARD OF ELECTIONS; 

LEBANON COUNTY BOARD OF 

ELECTIONS; LEHIGH COUNTY BOARD 

OF ELECTIONS; LUZERNE COUNTY 

BOARD OF ELECTIONS; LYCOMING 

COUNTY BOARD OF ELECTIONS; 

MCKEAN COUNTY BOARD OF 

ELECTIONS; MERCER COUNTY BOARD 

OF ELECTIONS; MIFFLIN COUNTY 

BOARD OF ELECTIONS; MONROE 

COUNTY BOARD OF ELECTIONS; 

MONTGOMERY COUNTY BOARD OF 

ELECTIONS; MONTOUR COUNTY BOARD 

OF ELECTIONS; NORTHAMPTON 

COUNTY BOARD OF ELECTIONS; 

NORTHUMBERLAND COUNTY BOARD 

OF ELECTIONS; PERRY COUNTY BOARD 

OF ELECTIONS; PHILADELPHIA COUNTY 

BOARD OF ELECTIONS; PIKE COUNTY 

BOARD OF ELECTIONS; POTTER 

COUNTY BOARD OF ELECTIONS; 

SCHUYLKILL COUNTY BOARD OF 

ELECTIONS; SNYDER COUNTY BOARD 

:

:

:

:

:

:

:

:

:

:

:

:

:

:

:

:

:

:

:

:

:

:

:

:

:

:

:

:

:

:

:

:

:

:

:

:

:

:

:

:

:

:

:

:

:

:
[J-96-2020][M.O. - Baer, J.] - 3

OF ELECTIONS; SOMERSET COUNTY 

BOARD OF ELECTIONS; SULLIVAN 

COUNTY BOARD OF ELECTIONS; 

SUSQUEHANNA COUNTY BOARD OF 

ELECTIONS; TIOGA COUNTY BOARD OF 

ELECTIONS; UNION COUNTY BOARD OF 

ELECTIONS; VENANGO COUNTY BOARD 

OF ELECTIONS; WARREN COUNTY 

BOARD OF ELECTIONS; WASHINGTON 

COUNTY BOARD OF ELECTIONS; 

WAYNE COUNTY BOARD OF 

ELECTIONS; WESTMORELAND COUNTY 

BOARD OF ELECTIONS; WYOMING 

COUNTY BOARD OF ELECTIONS; AND 

YORK COUNTY BOARD OF ELECTIONS

PETITION OF: KATHY BOOCKVAR, IN 

HER CAPACITY AS SECRETARY OF THE 

COMMONWEALTH OF PENNSYLVANIA

:

:

:

:

:

:

:

:

:

:

:

:

:

:

:

:

:

:

:

:

CONCURRING AND DISSENTING OPINION

CHIEF JUSTICE SAYLOR DECIDED: September 17, 2020

I join Parts I, II, and III(C), (D) and (E) of the majority opinion, and I respectfully 

dissent relative to Parts III(A) and (B), concerning the approval of unmanned drop boxes 

and the extension of the deadline for receiving mail-in ballots.

With regard to drop boxes, I agree with Respondent and the Caucus that the 

statutory option for a voter to deliver a mail-in ballot “in person to said county board of 

election” contemplates in-person delivery to a manned, office location. 25 P.S. 

§3150.16(a). Although another provision of the Election Code contemplates receipt of 

“ballot boxes and returns . . . in such other place as has been designated by the board” 

on Election Day, id. §3151, no analogous provision applies to the submission by voters 

of individual ballots. Moreover, the legislative policy to restrain aggregated handling of 
[J-96-2020][M.O. - Baer, J.] - 4

mail-in ballots by third parties is manifest, see, e.g., id. §3150.16(a) (requiring the elector

to mail or deliver a ballot), and the enforceability of this policy is weakened by the use of 

non-statutory, unmanned drop boxes. This, to me, this suggests against a permissive 

interpretation of the Election Code.

Relative to the deadline for receiving mail-in ballots, I join Part II of Justice 

Donohue’s concurring and dissenting opinion, as this most closely hews to the express 

legislative intent that the election be concluded by 8:00 p.m. on election night.

Finally, although the majority decision appears to be designed to accommodate 

only ballots actually mailed on Election Day or before, the majority does not so much as 

require a postmark. Particularly in combination with the allowance of drop boxes, this 

substantially increases the likelihood of confusion, as well as the possibility that votes will 

be cast after 8:00 p.m. on Election Day, thus greatly undermining a pervading objective 

of the General Assembly.

Justice Mundy joins this concurring and dissenting opinion.