No. 20-542
Vide 20-574
Title:Republican Party of Pennsylvania, Petitioner
v.
Kathy Boockvar, Secretary of Pennsylvania, et al.
Docketed:October 26, 2020
Linked with 20A53, 20A84
Lower Ct:Supreme Court of Pennsylvania, Middle District
   Case Numbers:(133 MM 2020)
   Decision Date:September 17, 2020
   Rehearing Denied:
  Discretionary Court Decision Date:

DateProceedings and Orders
Sep 28 2020Application (20A53) for a stay, submitted to Justice Alito.
Main DocumentProof of Service
Sep 29 2020Response to application (20A53) requested by Justice Alito, due Monday, October 5, by 3 p.m.
Sep 30 2020Motion for leave to file amicus brief and motion for leave to file brief in compliance with Rule 33.2 filed by Bryan Cutler, et al.
Main DocumentProof of Service
Oct 02 2020Motion for leave to file amici brief filed by Tom Ridge, et al.
Main DocumentProof of ServiceOther
Oct 05 2020Response to application from respondents Kathy Boockvar, et al. filed.
Main DocumentProof of Service
Oct 05 2020Response to application from respondent Luzerne County Election Board filed.
Main DocumentProof of Service
Oct 05 2020Response to application from respondents Pennsylvania Democratic Party, et al. filed.
Main DocumentProof of Service
Oct 05 2020Motion for leave to file amici brief and motion for leave to file brief in compliance with Rule 33.2 filed by Oklahoma, et al.
Main DocumentProof of Service
Oct 05 2020Motion for leave to file amicus brief filed by Eagle Forum Education & Legal Defense Fund.
Main DocumentOtherProof of Service
Oct 05 2020Motion for leave to file amicus brief filed by Christian Family Coalition Florida, Inc.
Main DocumentOtherProof of Service
Oct 06 2020Reply of applicants Joseph B. Scarnati III, et al. filed.
ReplyProof of Service
Oct 19 2020Application (20A53) referred to the Court.
Oct 19 2020Application (20A53) denied by the Court. Justice Thomas, Justice Alito, Justice Gorsuch, and Justice Kavanaugh would grant the application.
Oct 23 2020Petition for a writ of certiorari filed. (Response due November 25, 2020)
PetitionAppendixCertificate of Word CountProof of Service
Oct 23 2020Motion to expedite consideration of the petition for a writ of certiorari filed by petitioner.
Main DocumentProof of Service
Oct 25 2020Response to motion from respondent Pennsylvania Democratic Party filed.
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Oct 26 2020Motion for leave to file amicus brief filed by Honest Elections Project.
Main DocumentCertificate of Word CountProof of Service
Oct 26 2020Response to motion from respondent Kathy Boockvar filed.
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Oct 27 2020Motion to recuse from respondent Luzerne County Board of Elections not accepted for filing. (October 29, 2020 - See Notice of Withdrawal of Motion to Recuse submitted October 29, 2020)
Oct 27 2020Reply in Support of Motion to Expedite Consideration filed.
Main DocumentProof of Service
Oct 28 2020Motion to expedite consideration of the petition for a writ of certiorari DENIED. Justice Barrett took no part in the consideration or decision of this motion. Statement of Justice Alito, with whom Justice Thomas and Justice Gorsuch join. (Detached Opinion)
Oct 28 2020Letter of October 28, 2020 from counsel for respondent Kathy Boockvar, Secretary of State of Pennsylvania filed.
Main DocumentOtherProof of Service
Oct 29 2020Notice of withdrawal of motion to recuse from counsel for respondent Luzerne County Board of Elections submitted. (Received November 2, 2020)
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Nov 04 2020Motion for leave to intervene as a petitioner filed by Donald J. Trump for President, Inc. filed.
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Nov 04 2020Response to motion for leave to intervene requested, due Thursday, November 5, 2020, by 5 p.m.
Nov 05 2020Response to motion from petitioner Republican Party of Pennsylvania filed.
Main DocumentProof of Service
Nov 05 2020Response to motion from respondent Kathy Boockvar filed.
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Nov 05 2020Response to motion from respondent Pennsylvania Democratic Party filed.
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Nov 05 2020Response to motion from respondent Luzerne County Board of Elections filed.
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Nov 06 2020Application (20A84) for injunctive relief pending the disposition of the petition for certiorari, submitted to Justice Alito.
Main DocumentLower Court Orders/OpinionsProof of Service
Nov 06 2020Reply in Support of Motion for Leave to Intervene as a Petitioner filed.
Main DocumentProof of ServiceOther
Nov 06 2020Order issued by Justice Alito: All county boards of election are hereby ordered, pending further order of the Court, to comply with the following guidance provided by the Secretary of the Commonwealth on October 28 and November 1, namely, (1) that all ballots received by mail after 8:00 p.m. on November 3 be segregated and kept “in a secure, safe and sealed container separate from other voted ballots,” and (2) that all such ballots, if counted, be counted separately. Pa. Dep’t of State, Pennsylvania Guidance for Mail-in and Absentee Ballots Received From the United States Postal Service After 8:00 p.m. on Tuesday, November 3, 2020 (Oct. 28, 2020); Pa. Dep’t of State, Canvassing Segregated Mail-in and Civilian Absentee Ballots Received by Mail After 8:00 p.m. on Tuesday, November 3, 2020 and Before 5:00 p.m. on Friday, November 6, 2020 (Nov. 1, 2020). Until today, this Court was not informed that the guidance issued on October 28, which had an important bearing on the question whether to order special treatment of the ballots in question, had been modified. The application received today also informs the Court that neither the applicant nor the Secretary has been able to verify that all boards are complying with the Secretary’s guidance, which, it is alleged, is not legally binding on them. I am immediately referring this application to the Conference and direct that any response be filed as soon as possible but in any event no later than 2 p.m. tomorrow, November 7, 2020.
Nov 06 2020Response to application from respondent Pennsylvania Democratic Party filed.
Main DocumentProof of Service
Nov 07 2020Response to application from respondent Kathy Boockvar, Secretary of Pennsylvania filed.
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Nov 07 2020Response to application from respondent Luzerne County Board of Elections filed.
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Nov 08 2020Letter of respondent Kathy Boockvar, Secretary of Pennsylvania filed.
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Nov 09 2020Reply of applicant Republican Party of Pennsylvania filed.
ReplyProof of Service
Nov 09 2020Brief amicus curiae of State of Ohio filed. VIDED.
Main DocumentCertificate of Word CountProof of Service
Nov 09 2020Brief amici curiae of States of Oklahoma, et al. filed. VIDED.
Main DocumentCertificate of Word CountProof of Service
Nov 09 2020Brief amici curiae of State of Missouri, et al. filed. VIDED.
Main DocumentCertificate of Word CountProof of Service
Nov 23 2020Motion to extend the time to file a response from November 25, 2020 to November 30, 2020, submitted to The Clerk.
Main DocumentMain Document
Nov 24 2020Motion to extend the time to file a response is granted and the time is extended to and including November 30, 2020, for all respondents.
Nov 25 2020Amicus brief of Citizens United, Citizens United Foundation, and The Presidential Coalition, LLC submitted.
Main DocumentCertificate of Word CountProof of Service

NAMEADDRESSPHONE
Attorneys for Petitioner
John Matthew Gore
    Counsel of Record
Jones Day
51 Louisiana Avenue, N.W.
Washington, DC 20001

jmgore@jonesday.com
2028793939
Party name: Republican Party of Pennsylvania
Attorneys for Respondents
Joseph Matthias Cosgrove
    Counsel of Record
Selingo Guagliardo LLC
345 Market Street
Kingston, PA 18704-0000

jmcosgro@msn.com
570-287-2400
Party name: Luzerne County Board of Elections
John Bartley DeLone
    Counsel of Record
Attorney General's Office
Pennsylvania Office of Attorney General -Appellate Litigation Section
15th Floor, Strawberry Square
Harrisburg, PA 17120

jdelone@attorneygeneral.gov
717-783-3226
Party name: Kathy Boockvar
Donald B. Verrilli Jr.
    Counsel of Record
Munger, Tolles & Olson LLP
601 Massachusetts Avenue, NW
Suite 500E
Washington, DC 20001-5369

donald.verrilli@mto.com
202-220-1101
Party name: Pennsylvania Democratic Party
Other
Benjamin Michael Flowers
    Counsel of Record
Ohio Attorney General Dave Yost
30 E. Broad St.
Columbus, OH 43215

benjamin.flowers@ohioattorneygeneral.gov
6144668980
Party name: State of Ohio
William Jeffrey Olson
    Counsel of Record
William J. Olson, P.C.
370 Maple Ave. W., Suite 4
Vienna, VA 22180

wjo@mindspring.com
7033565070
Party name: Citizens United, Citizens United Foundation, and The Presidential Coalition, LLC
David B. Rivkin Jr.
    Counsel of Record
Baker & Hostetler LLP
1050 Connecticut Avenue, N.W.
Suite 1100
Washington, DC 20036

drivkin@bakerlaw.com
202-861-1731
Party name: Honest Elections Project
D. John Sauer
    Counsel of Record
Office of the Attorney General
Supreme Court Building, 207 West High Street
P.O. Box 899
Jefferson City, MO 65102

john.sauer@ago.mo.gov
573-751-3321
Party name: State of Missouri
Jay Alan Sekulow
    Counsel of Record
Constitutional Litigation and Advocacy Group, P.C.
1701 Pennsylvania Ave. NW, Suite 200
Washington, DC 20006

jsekulow@claglaw.com
2025468890
Party name: Donald J. Trump for President, Inc.
Mithun Mansinghani
    Counsel of Record
Solicitor General
Office of the Oklahoma Attorney General
313 NE 21st Street
Oklahoma City, OK 73105

mithun.mansinghani@oag.ok.gov
405-522-4392
Party name: State of Oklahoma