Pennsylvania Supreme Court Decision May Impact Mail-In Ballots
A recent ruling by the Pennsylvania Supreme Court could result in the disqualification of mail-in ballots if voters fail to accurately date the return envelopes. This decision holds potential implications for the upcoming presidential race.
The court’s decision focused on procedural issues, noting that a lower court should not have addressed the case because it did not involve election boards from all 67 counties. The lawsuit was originally filed by left-leaning groups against only Philadelphia and Allegheny counties.
Two weeks prior, the Commonwealth Court had suspended the enforcement of the handwritten date requirement on the envelopes. The Supreme Court’s reversal of this suspension raises concerns that thousands of timely received ballots may be discarded in a key swing state, where the presidential race is expected to be closely contested.
Democratic voters in Pennsylvania are more likely to vote by mail compared to their Republican counterparts. Historically, older voters have been more affected by disqualification due to errors with the exterior envelope dates.
Republican National Committee Chairman Michael Whatley called this ruling a significant win for election integrity, stating it “will protect commonsense mail ballot safeguards and help voters cast their ballots with confidence.”
Lawyers representing the ten community organizations that initiated the lawsuit expressed in a statement that the ruling leaves room for further legal actions on the issue. Mimi McKenzie, legal director of the Public Interest Law Center in Philadelphia, emphasized the risk to voters, saying, “Thousands of voters are at risk of having their ballots rejected in November for making a meaningless mistake.” She advised voters to carefully follow the instructions for submitting a mail-in ballot to avoid trivial paperwork errors.
The Supreme Court’s decision was a close 4-3 vote, with two Democratic justices joining the two Republican justices to vacate the Commonwealth Court’s decision. The dissenting opinion, written by Justice David Wecht, argued that the high court should have addressed the constitutional question, as it is of significant public importance and will affect the counting of ballots in the upcoming general election.
The lawsuit, filed in May, contended that the mandate was unenforceable under a state constitutional provision that requires all elections to be “free and equal.” The concern is that more than 10,000 ballots in this year’s general election could be invalidated due to envelope date issues, potentially influencing the presidential race. Pennsylvania, with its 19 electoral votes, is a major prize among swing states.
Historically, ballots in Pennsylvania have been rejected for lacking dates or having clearly incorrect dates, such as those in the future or before mail-in ballots were printed. While state law mandates envelope dates, election officials do not use them to verify timely arrival. Mail-in ballots are logged and time-stamped upon receipt and must arrive at county elections offices before polls close on Election Day.
This fall, Pennsylvania voters will also decide on other significant races, including whether to re-elect U.S. Senator Bob Casey, a Democrat, or choose his Republican challenger, Dave McCormick. Additionally, voters will select candidates for 228 state legislative seats and the positions of state treasurer, auditor general, and attorney general.
