In a closely-watched decision, the Pennsylvania Supreme Court has ruled to disqualify mail-in ballots that are submitted without dates or with incorrect dates on their return envelopes. This 4-3 ruling, handed down on September 13, 2024, overruled a prior decision by the Commonwealth Court, which had previously allowed such ballots to be counted. The decision is seen as a major victory for Republicans, who have long argued that enforcing strict requirements for mail-in ballots is essential to maintaining election integrity.
The ruling affects thousands of ballots in the key battleground state ahead of the 2024 presidential election, potentially disenfranchising many voters who submit their ballots on time but fail to correctly date the outer envelope. This has long been a contentious issue, with Republicans arguing that this safeguard helps prevent voter fraud, while Democrats and voting rights groups see it as an unnecessary technicality that could exclude eligible voters.
🚨#BreakingNews The Pennsylvania Supreme Court has ruled that undated and misdated Mail-in Ballots will not be counted.
Kamala and the Democrats are probably losing it right now. Major win for Election Integrity!!!#KamalaDumpsterFire #Trump2024 pic.twitter.com/EVdiKtYGBa
— Carlos Turcios (@Carlos__Turcios) September 13, 2024
The case stems from a lawsuit initiated by a coalition of advocacy groups, including the Black Political Empowerment Project and the American Civil Liberties Union (ACLU) of Pennsylvania. These groups argued that the handwritten date on the ballot envelope serves no real purpose, as election officials already use the time the ballots are received and scanned to determine their validity. Despite this argument, the Pennsylvania Supreme Court sided with the Republican Party of Pennsylvania and the Republican National Committee (RNC), which appealed the Commonwealth Court's decision.
The ruling has immediate implications for the upcoming general election. Undated or misdated mail-in ballots will now be disqualified, which could disproportionately affect elderly voters and Democrats, both groups that tend to use mail-in voting at higher rates. During the 2022 midterms, more than 10,000 mail-in ballots were rejected in Pennsylvania due to date issues.
🚨 DOJ, are you listening? Trump shamelessly urged his naïve followers to cast multiple ballots, a blatant act of voter fraud!
This reckless call for illegal action is un-American and deserves major news coverage. pic.twitter.com/aQGawSXWi7
— Popular Liberal 🇺🇸 (@PopularLiberal) September 15, 2024
In a dissenting opinion, Justice David Wecht, joined by Chief Justice Debra Todd and Justice Christine Donohue, expressed concern over the ruling. They argued that it could unnecessarily disenfranchise voters and that a definitive decision on the constitutionality of the date requirement is urgently needed.
Justice Wecht further criticized the court for failing to fully resolve the broader constitutional questions at play, particularly whether this requirement violates the Free and Equal Elections Clause of the Pennsylvania Constitution.
On the other hand, Republican leaders hailed the decision as a significant win for election integrity. Michael Whatley, chairman of the RNC, stated that the ruling will "secure commonsense mail ballot safeguards" and give voters more confidence in the process. Republicans have long pushed for these measures, asserting that they help maintain honest and transparent elections.
This legal battle over mail-in ballots is far from over, as additional challenges regarding the date requirement are still pending in federal court. The ACLU and other voting rights groups have signaled their intention to continue fighting against what they see as disenfranchisement based on trivial technicalities. However, for now, the Pennsylvania Supreme Court's ruling stands, setting the stage for another highly competitive and closely scrutinized election in this key swing state.
