Congratulations to Dan Brier who was awarded Litigator of the Week by The AmLaw Litigation Daily in recognition of MBK’s work defending parallel state and federal challenges to the Pennsylvania Election Code regarding mail-in voting. Led by partners, Dan Brier, Donna Walsh and Jack Dempsey, and in collaboration with co-counsel, Kirkland & Ellis, the MBK team represents Secretary of the Commonwealth Kathy Boockvar, chief elections official in Pennsylvania, in this monumental litigation. The MBK team, on both the federal and state matters, also included Nick Kravitz, Suzanne Conaboy Scanlan and Rich Armezzani with around-the-clock support from legal assistants lead by Carol Kelleher.
The challenges primarily concerned the use of ballot drop boxes for mail-in voting, although other significant voting rules were contested. The team was successful before the Pennsylvania Supreme Court in September when the court ruled that the Pennsylvania Election Code allows county boards of collection to collect mail-in ballots filed at locations other than their polling places. The federal victory followed with the ruling of U.S. District Judge J. Nicholas Ranjan of the Western District of Pennsylvania, who dismissed the case in full, stating that the plaintiffs had provided “scant” evidence of voter fraud involving ballot drop boxes and that it’s claims of harm were “speculative.”
Of the fast-paced and multi-faceted litigation, Dan noted in particular the close cooperation between MBK, co-counsel and Commonwealth counsel:
“There were expedited parallel lawsuits in separate jurisdictions, briefing and discovery that required a highly coordinated approach. We truly enjoyed the public-private partnership and all of the collaborative work by the teams.”
MBK has represented the Commonwealth for many years and looks forward to a continuing close relationship and a smooth election process.