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 September 15, 2024

Pennsylvania Supreme Court Rules That Mail-In Ballots Without Dates Will Be Disqualified

In a closely watched decision, the Pennsylvania Supreme Court has ruled that mail-in ballots submitted without the correct dates on their envelopes will not be counted in future elections.

Fox News reported that this ruling has significant implications for Pennsylvania’s upcoming presidential election, where the state’s 19 electoral votes could play a pivotal role.

The state Supreme Court's decision, issued Friday, overturned an earlier ruling from the Commonwealth Court, which had blocked the enforcement of date requirements on mail-in ballots.

The lower court had ruled in favor of voting rights groups who argued that voters should not be penalized for technical mistakes on their ballots. However, the state Supreme Court rejected this argument on procedural grounds.

Jurisdiction and County Election Boards

The ruling emphasized that the Commonwealth Court lacked jurisdiction because not all of Pennsylvania’s 67 county election boards were included in the original lawsuit. The case had only targeted Philadelphia and Allegheny counties, both heavily Democratic areas, leading the Supreme Court to determine that a more comprehensive case was needed.

This ruling effectively reinstates the state’s requirement for proper dating on mail-in ballots, reaffirming that ballots must comply with the existing laws to be considered valid.

As Pennsylvania is a key battleground state, the decision has already sparked political debate.

Republicans have hailed the court’s ruling as a victory for election integrity while voting rights groups and Democrats are expressing concern. Pennsylvania played a crucial role in the 2020 presidential election, which President Joe Biden won by a margin of more than 80,000 votes.

Both candidates in the upcoming election, Donald Trump and Vice President Kamala Harris, have been campaigning heavily in the state.

The ruling could influence voter turnout in the 2024 election, especially given the importance of mail-in ballots in the state. In the April primary, more than 800,000 Pennsylvanians requested mail-in ballots, but nearly 16,000 of these were disqualified. Among those, almost half were rejected due to incorrect or missing dates on the ballot envelopes.

Republican Victory and Voting Rights Concerns

The Republican National Committee (RNC) and the Pennsylvania GOP were quick to celebrate the decision. RNC Chairman Michael Whatley stated, “Following legal action from the RNC and @PAGOP, the PA Supreme Court REJECTED a Democrat attempt to count undated ballots. This makes mail voting in the Keystone State less susceptible to fraud.”

However, voting rights advocates like the American Civil Liberties Union (ACLU) are pushing back against the ruling.

Steve Loney, an ACLU attorney, expressed frustration, emphasizing that many voters whose ballots were rejected had done everything right except for a minor error in dating. He noted that voters who submit ballots on time should not be disenfranchised over technicalities, calling the ruling a setback for voting rights in the state.

The ACLU and other advocacy groups are exploring further legal options to ensure that all eligible votes are counted in the upcoming election. Although the ruling stands for now, there may still be challenges ahead as voting rights groups consider alternative approaches to address this issue.

The decision also raises questions about whether Pennsylvania’s mail-in voting system could face additional scrutiny in the future.

In 2020, Republicans unsuccessfully attempted to declare universal mail-in voting unconstitutional, a legal battle that may resurface given the political importance of the issue.

Divided Court Ruling Raises Constitutional Issues

The Pennsylvania Supreme Court’s decision came down in a narrow 4-3 vote. Two Democratic justices joined their Republican colleagues in the majority, reaffirming the requirement for properly dated ballots.

The three dissenting Democratic justices, however, argued that the court should have taken the opportunity to address the broader constitutional issues raised by the case, particularly with respect to voting rights and access to mail-in voting.

Justice David Wecht, who was among the dissenters, highlighted the potential consequences of the ruling. He argued that a prompt resolution of the constitutional questions surrounding mail-in ballots was essential, given the potential impact on the upcoming general election. His dissent reflects concerns about the balance between preventing fraud and ensuring that every eligible vote is counted.

Mail-in ballots have played an increasingly important role in Pennsylvania’s elections. In the 2020 election, approximately 2.5 million Pennsylvanians voted by mail, with the majority of those voters being Democrats. As a result, any changes to the state’s mail-in voting laws are seen as having significant implications for both political parties.

The issue of mail-in ballots has also been a source of legal contention in previous elections. In 2020, Republicans attempted to block the counting of late-arriving mail-in ballots. While the U.S. Supreme Court ultimately allowed these ballots to be counted, provided they were received within three days after Election Day, the controversy surrounding mail-in voting has only intensified.

The Pennsylvania Supreme Court’s ruling may not be the final word on this issue. As the state prepares for the next election, both parties will likely continue battling over the rules governing mail-in ballots. While Republicans see this decision as a step toward ensuring election integrity, Democrats and voting rights groups argue that it places unnecessary barriers in the way of voters.

With the 2024 election fast approaching, Pennsylvania's fight over mail-in ballots is far from over. As legal challenges continue, the state’s voters, election officials, and political leaders will be watching closely to see how this ruling will affect voter participation and the election outcome.

Written By:
Christina Davie

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