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Montco Emergency Petition

Montco Emergency Petition

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Published by: jmicek on Oct 31, 2012
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1
IN THE COURT OF COMMON PLEAS OF MONTGOMERY COUNTY,PENNSYLVANIAIN RE: :ENLARGEMENT OF TIME TO SUBMIT
 
:
Civil Action
ABSENTEE BALLOT APPLICATIONS
 
:
Docket No. __________
AND ABSENTEE BALLOTS
 
::ORDER
AND NOW, this ________ day of October, 2012, upon consideration of the Emergency
Petition of the Montgomery County Board of Elections Requesting Enlargement of Time to SubmitAbsentee Ballot Applications and Absentee Ballots
, it is hereby ORDERED and DECREED,pursuant to Montgomery County Civil Court Rule 208.3(a)(3),
and this Court‟s statutory power 
to supervise the conduct of elections, under the Pennsylvania Election Code, 25 P.S. 3046, thatsaid Petition is GRANTED. Judgment is hereby entered in favor of Board of Elections asfollows:1.
 
The Montgomery County Board of Elections shall accept absentee ballotapplications for the November 6, 2012, election, for processing provided that they are receivedby the Montgomery County Board of Elections on or before Friday, November 2, 2012, at 5:00PM;2.
 
The Montgomery County Board of Elections shall accept for tabulation, allabsentee ballots received at the Montgomery County Board of Elections by Monday,November 5, 2012, at 5:00 PM or received after this date and time but bearing a postmark nolater than November 5, 2012, provided that said ballots are received by the MontgomeryCounty Board of Elections by Tuesday, November 13, 2012.3.
 
Absentee ballots received after Friday, November 2, 2012, at 5:00 PM shall beretained, unopened, by the Montgomery County Board of Elections and shall not be sent to
 
2the appropriate polling place;4. Said absentee ballots retained by the Montgomery County Board of Electionsshall be subject to challenge as specified in the Pennsylvania Election Code.BY THE COURT:________________________________J.
 
1
IN THE COURT OF COMMON PLEAS OF MONTGOMERY COUNTY,PENNSYLVANIAIN RE: :ENLARGEMENT OF TIME TO SUBMIT
 
:
Civil Action
ABSENTEE BALLOT APPLICATIONS
 
:
Docket No. __________
AND ABSENTEE BALLOTS
 
::
EMERGENCY PETITION OF THE MONTGOMERY COUNTY BOARD OF ELECTIONSREQUESTING ENLARGEMENT OF TIME TO SUBMITABSENTEE BALLOT APPLICATIONS AND ABSENTEE BALLOTS
 
Petitioner, Montgomery County Board of 
Elections (“
Board of Elections
”)
, by theundersigned attorneys, hereby petitions this honorable Court, pursuant to Montgomery CountyCivil Court Rule 208.3(a)(3), and this
Court‟s statutory power to supervise the conduct of 
elections, under the Pennsylvania Election Code, 25 P.S. 3046, for an enlargement of time forAbsentee Voters to submit Absentee Ballot Applications and Absentee Ballots to Board of Elections as postmarked by Monday, November 5, 2012. In support of this Petition, Board of Elections avers as follows:
I. The Petitioner
1. Board of Elections, empowered by the Pennsylvania Election Code, 25 P.S.§2641,
et. Seq.,
is charged with serving as the governing board of elections in the County of Montgomery, including, among other things, oversight of processing absentee ballot applicationsand absentee ballots cast by qualified electors. Its principal office is at Suite 602, OneMontgomery Plaza, Norristown, Pennsylvania 19404.2. Board of Elections, not being able to convene given the emergency nature of thisEmergency Petition, has polled its members regarding the requested relief. CountyCommissioner and Board of Elections Chairperson Leslie S. Richards agrees with this Petition.County Chairman and Board Member Josh Shapiro agrees with this Petition. County

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