Pennsylvania Supreme Court Drops Big Ruling On Mail-In Ballots
The Pennsylvania Supreme Court ruled on Friday, overturning a previous lower court decision, and concluded that mail-in ballots with either incorrect or missing dates on the outer envelope cannot be counted. This decision is seen as a significant victory for those advocating for election integrity.
In a 4-3 vote, the state’s highest court decided that the lower court was wrong in addressing the issue, noting that the case should not have been heard since it did not involve all 67 county election boards in Pennsylvania, according to The Associated Press. Instead, the lawsuit filed by left-leaning groups had only targeted two counties—Philadelphia and Allegheny. Since counties administer elections in Pennsylvania, the court found this procedural oversight critical.
Previously, the Commonwealth Court had paused the enforcement of requiring handwritten dates on the outside of ballot envelopes. However, this new ruling raises concerns that potentially thousands of timely received ballots could now be discarded in a pivotal swing state, potentially affecting a close presidential race. It's important to note that a higher proportion of Democrats vote by mail in Pennsylvania compared to Republicans.
Republican organizations that had contested the earlier decision praised the outcome, calling it a victory for fair elections. Michael Whatley, chairman of the Republican National Committee, described it as a major win for election integrity that would “preserve commonsense safeguards” around mail-in ballots and give voters more confidence.
Lawyers representing the ten left-leaning community organizations that filed the lawsuit suggested further legal challenges could still be pursued. Mimi McKenzie, legal director at the Public Interest Law Center in Philadelphia, expressed concern that “thousands of voters could see their ballots rejected for making a simple error.” She urged voters to carefully follow instructions when submitting mail-in ballots to minimize rejections.
The case, which began in May, contested the requirement based on Pennsylvania’s constitutional provision guaranteeing that all elections be “free and equal,” according to The Associated Press.
The issue could have substantial implications, as recent elections in Pennsylvania suggest that over 10,000 ballots could be disqualified due to incorrect or missing dates. This is particularly crucial in a state like Pennsylvania, which, with its 19 electoral votes, is a major battleground in presidential elections. Historically, Pennsylvania has discarded ballots with date issues, even though election officials do not use envelope dates to determine the timeliness of ballots. Instead, ballots are logged and time-stamped upon receipt, and they must arrive at election offices before polls close on Election Day, the AP noted.
Additionally, in Virginia, Governor Glenn Youngkin, praised by former President Donald Trump, recently issued an executive order requiring all ballots for the 2024 presidential election to be on paper. This order further solidifies Virginia’s commitment to election security under Youngkin’s administration. The governor emphasized that the issue is not partisan, saying, “The Virginia model for Election Security works. This isn’t a Democrat or Republican issue, it’s an American and Virginian issue.”