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By Mae Slater on
 October 9, 2024

Pennsylvania Supreme Court Refuses To Solve Mail-In Ballot Issues Before Election

The Pennsylvania Supreme Court has chosen not to issue an immediate decision on legal disputes related to mail-in ballots, ahead of the state's November 5 election according to The Morning Call.

The decision, made despite concerns highlighted by advocates for voting rights, has left questions over the current voting process unanswered. Challenges have been raised by groups across the political spectrum, from Democrats to Republicans, questioning various aspects of mail-in voting procedures.

Concerns have particularly been raised by voting rights groups that sought to stop counties from discarding ballots due to missing or incorrect dates on their return envelopes. The court refrained from taking action on this request, explaining that any sudden changes might likely lead to voter confusion in the weeks before the election.

A previous ruling by the court stressed the importance of avoiding any alterations to election laws during active elections.

Nevertheless, Chief Justice Debra Todd disagreed with the majority's stance, arguing for clearer guidelines regarding mail-in balloting before the election occurs.

She voiced her apprehension by stating that resolving these questions now would help prevent improper ballot rejections and possible voter disenfranchisement. On the other hand, Justice P. Kevin Brobson agreed with the court's decision but criticized the timing of the challenge, noticing that the issue remained unaddressed for more than a year after a previous court decision.

Tensions Rise Over Voting Procedures

The issue of mail-in ballots has been a matter of debate since Pennsylvania's expansion of mail-in voting in 2019. Over the years, tens of thousands of ballots have faced problems due to voter-written dates on the envelopes, leading to potential rejections.

The plaintiffs in the lawsuit argue that these dates lack real significance in determining a ballot’s legitimacy. They claim that disqualifying ballots for this reason violates Pennsylvania's state constitution.

Earlier this year, plaintiffs won a case at the statewide court level regarding this matter. However, the state Supreme Court dismissed this victory on procedural grounds, never addressing the essence of the case. This dismissal left unresolved the fundamental question of whether the date requirement is constitutional.

This legal contention has seen partisan divisions, with Democrats, including Governor Josh Shapiro, supporting the view that the date requirement is unnecessary. Contrarily, Republicans argue that it serves as an essential guardrail for electoral integrity. The court decided to deny a Republican-led challenge against the practice of letting voters fix mistakes on mail-in ballots.

The Pennsylvania Supreme Court's decisions highlight its significant role in settling election-related disputes, akin to its influence during the 2020 presidential election.

One notable Republican-led challenge that the court agreed to review involves a county's obligation to inform voters about rejected mail-in votes and allow them another opportunity to cast their votes provisionally on Election Day.

Mail-in voting in Pennsylvania has become visibly partisan, with a predominant portion—about 75%—of mail-in ballots being submitted by Democratic voters. This partisan divide has been ascribed to the impact of former President Donald Trump's allegations concerning mail-in voting fraud, which heightened mistrust among Republican circles.

The court's unsigned order emphasized that implementing or allowing substantial changes in the ongoing electoral procedures would not be condoned. This decision reflects the court's caution in maintaining election stability amid differing interpretations of election laws.

Legal Repercussions and Upcoming Challenges

The Supreme Court's unresolved stance on these matters underscores the complex legal landscape surrounding mail ballots in Pennsylvania.

As state authorities prepare for the upcoming elections, the absence of a decisive ruling has left many stakeholders concerned about the transparency and fairness of the ballot counting process.

The debate over mail-in ballot practices showcases the broader national conversation about voting rights and electoral integrity. It underscores the ongoing tensions that can arise when both major political parties disagree on how best to safeguard the voting process.

With the Pennsylvania Supreme Court continuing to navigate these contentious issues, the outcomes of its future rulings will likely influence the broader electoral context, potentially setting precedents for other states facing similar challenges.

As the November 5 election approaches, Pennsylvania's electoral procedures remain under scrutiny due to the Supreme Court's hesitance to intervene decisively in the mail-in ballot debate. The court's upcoming decisions will be critical in shaping the state's approach to voting rights issues, impacting the individuals and entities involved in this ongoing legal discourse.

Written By:
Mae Slater

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