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Judge to rule soon on voter clothing case

HARRISBURG — A state court judge promised a speedy ruling Tuesday in a case that questions whether Pennsylvanians should be allowed to vote if they are wearing partisan political attire.

Two local elections officials say the Pennsylvania Department of State lacked authority in issuing an advisory opinion last month that said counties should let voters cast ballots if they are wearing political shirts, buttons, stickers or similar items.

Richard Kraft, a judge of elections in Bethel Park, and John Dickinson, a minority inspector of elections in Pittsburgh, also contend that the legal position the state is promoting lacks support in Pennsylvania law.

"What the commonwealth — or the Department of State — is trying to do is legislate," said Ron Hicks, the plaintiffs' lawyer.

Louis Lawrence Boyle, representing the state, called the lawsuit "a tempest in a T-shirt" and said Hicks' clients waited until too close to the Nov. 4 election to seek a ruling that could affect counties throughout Pennsylvania.

"There is no constitutional right to procrastinate," Boyle told Commonwealth Court Judge Robert Simpson. "It is much too late to do anything."

County elections officials, political parties and candidates regularly seek the Department of State's guidance on matters of election law, Boyle said.

"It would be irresponsible for us not to tell the counties something we know," Boyle said.

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