Court Halts PA Counties from Discarding Mail-In Votes for Wrong Dates

HARRISBURG, Pa. — A Pennsylvania state court recently suspended a requirement mandating that voters accurately handwrite dates on mail-in ballot envelopes. This ruling is expected to prevent the disqualification of thousands of votes in the upcoming November election.

The Commonwealth Court’s decision, rendered with a 4-1 vote, stated that disqualifying voters for not including a date contravenes the state constitution’s stipulation for “free and equal” elections. This ruling arrives amidst a highly competitive presidential campaign in Pennsylvania.

Judge Ellen Ceisler articulated in the majority opinion that failing to count ballots that are undated or incorrectly dated, yet submitted on time by eligible voters, constitutes a violation of their fundamental right to vote as guaranteed by the Pennsylvania Constitution. This verdict aligns with the perspective of left-leaning organizations that initiated the lawsuit three months prior.

Pennsylvania stands as a crucial battleground in the race between former President Donald Trump and current Vice President Kamala Harris. The state has been a closely contested area in both the 2016 and 2020 presidential elections.

The potential number of disqualified mail-in ballots due to improper dating is relatively small compared to the total number of votes expected. Over six million votes could be cast this fall, with estimates suggesting that more than 10,000 mail-in ballots might have been in jeopardy.

Litigation surrounding the date requirement indicated that older voters were more likely to have their ballots invalidated due to this issue. Additionally, a significantly higher percentage of Democrats choose to vote by mail compared to Republicans in Pennsylvania.

In a dissenting opinion, Judge Patricia McCullough expressed concern that the majority’s ruling represented a “wholesale abandonment of common sense,” arguing it overlooked over a century of legal precedent and fundamentally altered a 2019 law that expanded mail-in voting.

“I am left to wonder if practices such as signing in at a polling place or mailing in a ballot can now satisfy the majority’s newly established standards,” McCullough remarked.

The lawsuit was filed against the Secretary of State and the election boards of Philadelphia and Allegheny County, which encompasses Pittsburgh. Various state and national Democratic Party groups joined forces in support of the lawsuit.

Pennsylvania’s Democratic Governor, Josh Shapiro, celebrated the ruling as a significant win for the fundamental right to vote among Pennsylvanians.

The Office of the Secretary of State, led by Al Schmidt who was appointed by Shapiro, has not yet released comments regarding the potential impact of this decision on electoral guidance provided to counties. Earlier in July, the Department of State had instructed counties that return envelopes should be pre-printed with the year “2024,” leaving only the month and day for voters to fill in.

The Department of State concluded in a statement that multiple court rulings have confirmed that the dating of mail-in ballot envelopes is unnecessary for effective election administration when officials can already verify that ballots were sent and received within the legal voting timeframe.

Tom King, a representative for state and national Republican Party groups involved in the case, expressed disappointment with the court’s ruling and stated intentions to appeal. He noted that the Pennsylvania Supreme Court had previously dismissed arguments challenging the constitutionality of the date provisions.

The plaintiffs in this case included various advocacy organizations such as the Black Political Empowerment Project, POWER Interfaith, and the League of Women Voters of Pennsylvania. They contended that election officials can assess when ballots were cast accurately since they are scanned and timestamped upon arrival.

The ACLU of Pennsylvania, which assisted in representing the plaintiffs, hailed the ruling as a victory for voters and democracy. Mike Lee, the group’s executive director, emphasized in a statement that no voter should lose their ballot due to a minor error irrelevant to the actual timing of ballot receipt.