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By Mae Slater on
 September 14, 2024

Pennsylvania Supreme Court Rejects Improperly Dated Mail Ballots for November Election

The Pennsylvania Supreme Court has ruled that mail ballots with improper dates will not be counted in the upcoming November elections.

NBC News reported that this decision reverses a previous ruling from a lower court, which had allowed such ballots to be counted. The court’s ruling is expected to have a significant impact in the battleground state. This ruling could alter the election outcome in the tightly contested state of Pennsylvania.

On Friday, the court’s decision overturned a lower court's ruling from the previous month that had deemed rejecting improperly dated ballots unconstitutional.

The issue of whether improperly dated ballots should be counted has been a subject of litigation for some time. Voting rights groups have argued that rejecting ballots over such minor technicalities disenfranchises voters.

Litigation Surrounding Ballot Dates Continues

The controversy over mail ballots began when voting rights advocates brought a case in May to block a provision requiring the rejection of incorrectly dated ballots.

Under Pennsylvania law, mail ballots must be signed and dated properly. However, even if a ballot arrives by the Election Day deadline, if it has a date error, the ballot will not be accepted.

The Pennsylvania Republican Party and the Republican National Committee (RNC) supported the rule, seeing it as crucial to ensuring election integrity. On Friday, their appeal was successful in overturning the previous ruling that had allowed improperly dated ballots to be counted.

The ruling was celebrated by Republicans as a victory for election integrity. "HUGE election integrity win," said RNC Chairman Michael Whatley, in response to the decision. Whatley added that the ruling strengthens protections against mail ballot fraud, particularly in Pennsylvania, a state that has become a pivotal battleground in national elections. "This makes mail voting in the Keystone State less susceptible to fraud. We will keep fighting and winning!"

The ruling came at a critical time, as Pennsylvania prepares for the upcoming general election, where both the presidential race and a U.S. Senate contest between Democratic Senator Bob Casey and Republican Dave McCormick are on the ballot. The state’s 19 electoral votes make it a crucial player in the national political landscape.

During Pennsylvania’s most recent primary election, more than 4,400 mail ballots were rejected due to date errors, according to reports from Votebeat. The decision not only underscores the potential impact of mail ballot rules but also highlights the fine margins that can influence the outcome in close races.

The state has yet to start mailing ballots to voters for the November election, as ongoing legal challenges continue to play out in courts. As the election nears, the importance of correctly submitting mail ballots is being stressed by both parties to avoid the disenfranchisement of voters.

Voting Rights Advocates Oppose Ruling

While Republicans lauded the decision, voting rights advocates voiced strong opposition. Steve Loney, an attorney representing the American Civil Liberties Union (ACLU) of Pennsylvania, expressed disappointment over the ruling. "Today’s procedural ruling is a setback for Pennsylvania voters, but we will keep fighting for them."

Loney and other advocates argue that technical issues such as improper dates should not result in the rejection of ballots from eligible voters who submit them on time. “These eligible voters who got their ballots in on time should have their votes counted and voices heard,” Loney said.

He further emphasized the importance of the right to vote, saying, "The fundamental right to vote is among the most precious rights we enjoy as Pennsylvanians, and it should take more than a trivial paperwork error to take it away."

The decision has ramifications not only for mail-in voting but also for the overall political landscape in Pennsylvania.

Democrats have increasingly relied on mail voting in the state in recent elections. With the exclusion of improperly dated ballots, this could shift the dynamics of the upcoming election.

The mail ballot debate has further intensified in a state known for its critical role in national politics. Pennsylvania was a major swing state in both the 2016 and 2020 presidential elections, and its importance is expected to be just as significant in 2024.

As of now, the Pennsylvania Supreme Court’s ruling stands, but ongoing challenges and potential appeals could further complicate the issue. For now, voters are urged to pay careful attention to the requirements for submitting mail ballots, including making sure the ballot is correctly dated and submitted on time.

With ongoing legal battles surrounding election laws and procedures, the ruling highlights the critical role that courts play in determining the rules that govern elections. Whether or not further legal action is taken, the ruling is expected to have a lasting impact on how future elections are conducted in Pennsylvania.

Written By:
Mae Slater

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