Marsy’s Law Ballot Question is ENJOINED – BUT You Still Need to Vote “NO”

Moments ago, the docket in League of Women Voters of Pennsylvania, et al. v Kathy Boockvar, the Acting Secretary of the Commonwealth, was updated with the following

AND NOW, this 30th day of October, 2019, Petitioners’ Application for Relief in the Form of a Preliminary Injunction Under Pa.R.A.P. 1532 is GRANTED. The Acting Secretary of the Commonwealth, and her agents, servants and officers, are enjoined from tabulating and certifying the votes in the November 2019 General Election relating to the ballot question asking voters whether the Pennsylvania Constitution should be amended to include a new section providing for victims ‘ rights until final disposition of the Petition for Review, including appeals. Petitioners’ Application for Relief for a Nominal Preliminary Injunction Bond Under Pa.R.C.P. No. 1531(b) is GRANTED. Petitioners shall deposit with the Prothonotary of the Commonwealth Court a bond of $500.00 within five (5) days of the date of this Order. In the interest of judicial economy and expeditious resolution of the matter, upon the filing of any appeal resulting in an automatic supersedeas pursuant to Pa.R.A.P. 1736(b ), the automatic supersedeas is lifted without further application to this Court. The criteria to lift an automatic supersedeas have been met as outlined in the foregoing opinion. Dep ‘t of Envtl. Res. v. Jubelirer, 614 A.2d 199 (Pa. 1989).

As neither the Order nor decision are yet available on the Commonwealth Court’s website, we’ll update this as they become available. For now, the Marsy’s Law ballot question is enjoined from “tabulation and certification” on Tuesday; HOWEVER, the question WILL still be on the ballot on Tuesday and it is possible that the Commonwealth or Supreme Court could, in the future, allow the tabulation and certification of the votes cast. Thus, it is imperative that you vote NO on Tuesday for Marsy’s Law.

If you want further information on what the injunction means, check out the Pennsylvania Capital-Star’s article here.

UPDATE: I was able to procure a copy of the decision. You can download it here.

2 thoughts on “Marsy’s Law Ballot Question is ENJOINED – BUT You Still Need to Vote “NO”

  1. Come on Joshua, give me a break. I’m not a lawyer. What the heck does “enjoined” and “supersedeas” mean? Isn’t this blog for lay people? What if you were my patient and I walked into your hospital room and told you that your differential had a “marked left shift” and your “base excess” was now at 5? Would you be concerned or relived? The answer is that you wouldn’t know what to think because you don’t know what the hell I was talking about. Please add a one or two sentences at the end of posts like this summing it up in plain English for those of us without “esquire” after our names.
    Thanks.

    Like

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