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Pennsylvania’s state Supreme Court on Monday weighed in on a flashpoint amid ongoing vote counting in the U.S. Senate election between Democratic Sen. Bob Casey and Republican David McCormick, ordering counties not to count mail-in ballots that lack a correct handwritten date on the return envelope.

The order is a win for McCormick and a loss for Casey as the campaigns prepare for a statewide recount and press counties for favorable ballot-counting decisions while election workers are sorting through thousands of provisional ballots.

McCormick’s campaign called it a “massive setback” for Casey.

The Democratic-majority high court’s order reiterates the position it took previously that the ballots shouldn’t be counted in the election, a decision that Republicans say several Democratic-controlled counties nevertheless challenged.

In a statement, Gov. Josh Shapiro, a Democrat, said a lack of legal clarity had surrounded the ballots, putting county officials in a position where they were “damned if they did and damned if they didn’t — likely facing legal action no matter which decision they made on counting.”

It comes amid a gust of fresh litigation in recent days filed by both campaigns, contesting the decisions of about a dozen counties over whether or not to count thousands of provisional ballots.

Casey’s campaign says the provisional ballots shouldn’t be rejected for garden-variety errors, like a polling place worker forgetting to sign it. Republicans say the law is clear that the ballots must be discarded.

The Associated Press called the race for McCormick last week, concluding that not enough ballots remained to be counted in areas Casey was winning for him to take the lead.

As of Monday, McCormick led by about 17,000 votes out of almost 7 million ballots counted — inside the 0.5% margin threshold to trigger an automatic statewide recount under Pennsylvania law.

Statewide, the number of mail-in ballots with wrong or missing dates on the return envelope could be in the thousands.

Republicans last week asked the court to bar counties from counting the ballots, saying those decisions violate both the court’s recent orders and its precedent in upholding the requirement in state law that a voter write the date on their mail-in ballot’s return envelope.


A North Carolina appeals court on Friday blocked students and employees at the state's flagship public university from providing a digital identification produced by the school when voting to comply with a new photo ID mandate.

The decision by a three-judge panel of the intermediate-level Court of Appeals reverses at least temporarily last month's decision by the State Board of Elections that the mobile ID generated by the University of North Carolina at Chapel Hill met security and photo requirements in the law and could be used.

The Republican National Committee and state Republican Party sued to overturn the decision by the Democratic-majority board earlier this month, saying the law allows only physical ID cards to be approved. Superior Court Judge Keith Gregory last week denied a temporary restraining order to halt its use. The Republicans appealed.

Friday's order didn't include the names of the three judges who considered the Republicans' requests and who unanimously ordered the elections board not to accept the mobile UNC One Card for casting a ballot this fall. The court releases the judges' names later. Eleven of the court's 15 judges are registered Republicans.

The order also didn't give the legal reasoning to grant the GOP's requests, although it mentioned a board memo that otherwise prohibits other images of physical IDs — like those copied or photographed — from qualifying.

In court briefs, lawyers for the RNC and N.C. GOP said refusing to block the ID's use temporarily would upend the status quo for the November election — in which otherwise only physical cards are accepted — and could result in ineligible voters casting ballots through manipulating the electronic card.

North Carolina GOP spokesperson Matt Mercer said Friday's decision "will ensure election integrity and adherence to state law."

The Democratic National Committee and a UNC student group who joined the case said the board rightly determined that the digital ID met the requirements set in state law. The DNC attorneys wrote that preventing its use could confuse or even disenfranchise up to 40,000 people who work or attend the school so close to the election.

North Carolina is considered a presidential battleground state where statewide races are often close.

Friday's ruling could be appealed to the state Supreme Court. A lawyer for the DNC referred questions to a spokesperson for Kamala Harris' campaign who didn't immediately respond to a request for comment. A state board spokesperson also didn't immediately respond to a similar request.

Voters can still show photo IDs from several broad categories, including their driver's license, passport and military IDs. The board also has approved over 130 types of traditional student and employee IDs.

The mobile UNC One Card marked the first such ID posted from someone's smartphone that the board has approved. Only the mobile ID credentials on Apple phones qualified.

The mobile UNC One Card is now the default ID card issued on campus, although students and permanent employees can still obtain a physical card instead for a small fee. The school said recently it would create physical cards at no charge for those who received a digital ID but want the physical card for voting.

The Republican-dominated North Carolina legislature enacted a voter ID law in late 2018, but legal challenges prevented the mandate's implementation until municipal elections in 2023. Infrequent voters will meet the qualifications for the first time this fall. Voters who lack an ID can fill out an exception form.

Early in-person voting begins Oct. 17, and absentee ballots are now being distributed to those requesting them. Absentee voters also must provide a copy of an ID or fill out the exception form.



A man whose courtroom attack on a judge in Las Vegas was recorded on video has pleaded guilty but mentally ill to attempted murder and other charges.

Deobra Delone Redden ended his trial Thursday after Clark County District Court Judge Mary Kay Holthus testified that she feared for her life when Redden vaulted over her bench and desk and landed on her. The attack happened Jan. 3 as Holthus was about to deliver Redden’s sentence in a separate felony attempted battery case.

Redden’s defense attorney, Carl Arnold, said in a statement Friday that the plea “reflects a delicate balance between accepting responsibility for a regrettable incident and recognizing the impact of Mr. Redden’s untreated mental illness at the time.”

Arnold told jurors who began hearing evidence on Tuesday that Redden had not taken prescribed medication to control his diagnosed schizophrenia. Holthus testified that she felt “defenseless” during the attack and that court officials and attorneys who came to her aid saved her life, the Las Vegas Review-Journal reported.

Law clerk Michael Lasso told the jury he saw Holthus’ head hit the floor and Redden grab her hair. “I absolutely thought, ‘He’s going to kill her,’” Lasso testified. He said he wrestled Redden away, punched him to try to subdue him and saw Redden hitting a corrections officer who also intervened.

An armed courtroom marshal suffered a bleeding gash on his forehead and a dislocated shoulder, according to court officials and witnesses. Holthus was not hospitalized and returned to work after treatment for her injuries. A prosecutor for more than 27 years, she was elected to the state court bench in 2018.

Redden, 31, is already serving prison time for other felony battery convictions. Prosecutor John Giordani said Friday he could face up to 86 years for his pleas to eight felonies, which also included battery of a protected person age 60 or older resulting in substantial bodily harm, intimidating a public officer and battery by a prisoner.

Clark County District Court Judge Susan Johnson ruled that Redden was competent and capable of entering his plea, the Review-Journal reported. Sentencing was scheduled for Nov. 7.

Arnold said in his statement that he will ask Johnson to order mental health treatment for his client behind bars.

Giordani said Redden told three correctional staff members after the attack that he tried to kill Holthus.

“While he clearly has past mental issues, he made a choice that day and failed to control his homicidal impulses,” the prosecutor said.


A federal appeals court revived Sarah Palin’s libel case against The New York Times on Wednesday, citing errors by a lower court judge, particularly his decision to dismiss the lawsuit while a jury was deliberating.

The 2nd U.S. Circuit Court of Appeals in Manhattan wrote that Judge Jed S. Rakoff’s decision in February 2022 to dismiss the lawsuit mid-deliberations improperly intruded on the jury’s work.

It also found that the erroneous exclusion of evidence, an inaccurate jury instruction and an erroneous response to a question from the jury tainted the jury’s decision to rule against Palin. It declined, however, to grant Palin’s request to force Rakoff off the case on grounds he was biased against her. The 2nd Circuit said she had offered no proof.

The libel lawsuit by Palin, a onetime Republican vice presidential candidate and former governor of Alaska, centered on the newspaper’s 2017 editorial falsely linking her campaign rhetoric to a mass shooting, which Palin asserted damaged her reputation and career.

The Times acknowledged its editorial was inaccurate but said it quickly corrected errors it called an “honest mistake” that were never meant to harm Palin.

Shane Vogt, a lawyer for Palin, said in an email that Palin was “very happy with today’s decision, which is a significant step forward in the process of holding publishers accountable for content that misleads readers and the public in general.”

“The truth deserves a level playing field, and Governor Palin looks forward to presenting her case to a jury that is ‘provided with relevant proffered evidence and properly instructed on the law,’” Vogt added, quoting in part from the 2nd Circuit ruling.

Charlie Stadtlander, a spokesperson for the Times, said the decision was disappointing. “We’re confident we will prevail in a retrial,” he said in an email.

The 2nd Circuit, in a ruling written by Judge John M. Walker Jr., reversed the jury verdict, along with Rakoff’s decision to dismiss the lawsuit while jurors were deliberating.

Despite his ruling, Rakoff let jurors finish deliberating and render their verdict, which went against Palin.

The appeals court noted that Rakoff’s ruling made credibility determinations, weighed evidence, and ignored facts or inferences that a reasonable juror could plausibly find supported Palin’s case.

It also described how “push notifications” that reached the cellphones of jurors “came as an unfortunate surprise to the district judge.” The 2nd Circuit said it was not enough that the judge’s law clerk was assured by jurors that Rakoff’s ruling had not affected their deliberations.

“Given a judge’s special position of influence with a jury, we think a jury’s verdict reached with the knowledge of the judge’s already-announced disposition of the case will rarely be untainted, no matter what the jurors say upon subsequent inquiry,” the appeals court said.


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