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By Mae Slater on
 November 4, 2024

Pennsylvania High Court Upholds Mail Ballot Dating Rule

The Pennsylvania Supreme Court has ruled to maintain the state's existing regulations regarding mail-in ballots, decreeing that ballots with incomplete or inaccurate dates will not be counted in the upcoming general election on November 5, 2024.

The Hill reported that the decision was handed down after the Republican National Committee's urgent appeal, preserving the current guidelines amid ongoing legal debates.

A lower court previously found that disqualifying ballots due to dating errors was unconstitutional. This judgment applied to certain ballots from a September special election, although it did not affect the result.

Concerned about potential repercussions for the closely watched presidential race, especially in a battleground state like Pennsylvania, the Republican Party sought a reversal.

Background of the Judicial Review

The Pennsylvania Supreme Court responded to this urgency by upholding the longstanding rule.

Justice Kevin Dougherty emphasized the importance of consistency in election laws. He advised caution for lower courts when considering rulings that could alter election processes during an election period.

Justice Dougherty pointed to prior cases as markers for judicial consistency. However, not all justices agreed with his standpoint. Justice Christine Donohue, supported by Chief Justice Debra Todd, described Dougherty’s criticism of the lower courts as unnecessary and misplaced, given the repetitive nature of election legal challenges.

The politically charged matter of mail-in ballots has been a contentious issue in Pennsylvania, a state pivotal to national election outcomes. Republicans argue that state law mandates proper dating on ballots.

In contrast, Democrats, including the Democratic National Committee (DNC), consider the date irrelevant since officials timestamp ballots upon receipt.

Remarkably, Pennsylvania's Republican secretary of state aligns with the DNC, viewing hand-written dates as non-essential to the validity of a ballot. This stance has intensified the debate, reflecting broader national conversations on election integrity and access.

Recent Court Decisions Influence Election Procedures

The court's latest decision upholds the status quo, avoiding any modifications to the current procedures for processing mail ballots. Previously, a court had dismissed attempts to count such ballots based on procedural appropriateness rather than legal standing.

Despite this reaffirmation, the DNC and voters who initiated the earlier lawsuits caution that the issue might resurface in legal disputes following the election. This possibility of post-election litigation highlights continuous tensions surrounding election law applications.

As Pennsylvania prepares for the election, the court's decision serves to eliminate some uncertainty. The state’s role as a swing state in the presidential election underscores the stakes involved in any change to voting regulations and practices.

Election Law Consistency Amid Political Division

In this climate, the Pennsylvania Supreme Court's demographic makeup — with a Democratic majority — is itself a topic of contemplation. While court decisions do not always fall along party lines, political affiliations inevitably shape perceptions of impartiality and fairness.

Such decisions gain significance given Pennsylvania's historical importance in determining electoral outcomes. They also raise questions about how states balance the integrity of their elections with accessibility for voters.

The discord among justices illustrates underlying tensions about judicial roles in elections. Justice Dougherty's remarks underscore his belief in following established legal precedents to ensure procedural stability.

In contrast, Justice Donohue’s rebuttal reflects a concern that procedural rigidity should not overshadow practical electoral considerations. Her view suggests that addressing the reality of recurring election cycles requires judicial sensitivity to dynamic political conditions.

As November 5 approaches, Pennsylvania officials now proceed under clarified rules. For the voters, understanding these regulations assures them of how their ballots will be evaluated.

Written By:
Mae Slater

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