A judge rejects a lawsuit to prevent alleged inactive Pennsylvania voters from casting ballots

A conservative nonprofit claimed that Pennsylvania has not maintained accurate voter records, stating that 277,768 people on the voter rolls are ineligible for the upcoming election. However, a federal judge denied the group’s request to block these alleged inactive voters from participating in the presidential election in Pennsylvania.

 On November 4, U.S. District Court Judge Robert D. Mariani ruled against Citizen AG, also known as 1789 Foundation, and an individual voter. They argued that Pennsylvania had failed to remove voters who didn’t respond to confirmation notices in 2020 and hadn’t participated in recent federal elections, rendering them ineligible. Mariani dismissed these claims as “unfounded” and “speculative.”

The lawsuit, filed on October 29, claimed that Pennsylvania’s Secretary of State Al Schmidt failed to follow the National Voter Registration Act (NVRA) by not maintaining accurate voter rolls, thus potentially allowing ineligible voters to participate. The plaintiffs argued that the NVRA requires sending confirmation notices to voters who may have changed addresses, and that if they don’t respond and miss voting in two federal elections, they should be removed from the rolls. They sought an emergency order for Schmidt to disclose information on these voters and prevent confirmed inactive ones from voting.

In their complaint, Citizen AG expressed concerns about protecting the right to vote and alleged that Pennsylvania officials neglected federal requirements, amplifying fears among Pennsylvanians about the integrity of the electoral process. They argued that this situation could discourage eligible voters from participating due to fears that legitimate votes might be diluted or invalidated.

In response, the Secretary of State’s office raised several objections, stating that the plaintiffs lacked legal standing and had not shown any immediate harm that would justify emergency action. They also argued that the plaintiffs had delayed their filing and criticized the urgency of their claims as an attempt to erode confidence ahead of the November 2024 election.

The state’s legal team noted that the requested records would be available by November 12, in compliance with state law. Judge Mariani ultimately sided with Schmidt, concluding that the plaintiffs did not have a strong likelihood of success and had failed to show that they would suffer irreparable harm without emergency relief.

Citizen AG did not immediately respond to requests for comment on the ruling.