Supreme Court of Pennsylvania

Genser v. Butler Brd. of Elec. Appeal of: RNC

October 23, 2024

Summary

Justice Mundy dissents, contending that the majority’s reading of the Pennsylvania Election Code stretches beyond the unambiguous statutory language and improperly intrudes on the General Assembly’s authority to regulate elections, potentially violating the federal Elections and Electors Clauses. The dissent emphasizes that the legislature’s enactment of universal mail‑in voting must be given effect as written, and that courts should not create new procedural requirements for counting provisional ballots.