The Philadelphia election will be delayed until after the 2018 federal election because of a federal judge’s decision that the city cannot conduct a public count until after 2020, a state election commissioner said on Tuesday.
Key points:The US Supreme Court on Tuesday ordered the city of Philadelphia to conduct its 2018 election at the earliestThe ruling could delay the 2019 results for up to two monthsThe decision came as a federal appeals court upheld a ruling by the US Justice Department that blocked the city from running its own vote count in 2019.
The court had ruled in September that the US District Court in Philadelphia would not have jurisdiction over the city’s election to determine whether it should be allowed to conduct a state-wide election after 2020.
The ruling, which was also made public by the state election commission, comes as a result of the Department of Justice’s legal challenge to the city.
The Philadelphia election commission’s lawyers argued that the district court’s ruling violated the US Constitution and the federal Voting Rights Act.
Judge James Robart of the 9th Circuit Court of Appeals said the US Supreme court’s order meant the city could not conduct a fair and open election under its current constitution.
“The district court had not provided any justification for its holding that the Pennsylvania election system is not in the best interest of the Commonwealth,” Robart said.
“And so, because of that, the Philadelphia elections commission must now delay the election of its 2018 statewide election until the district judge’s opinion is reversed.”
He also noted that the ruling was based on a case the district attorney’s office filed on July 25, 2017.
Philadelphia election commission chairman and former US secretary of state Tom Perez has previously said he will not comply with the federal court’s decision and has said he is willing to work with federal authorities to resolve the matter.