Pa. High Court Urged to Prevent Counties From Discarding Undated Ballots

In a critical move leading up to the November elections, progressive organizations and voting rights advocates have made a significant appeal to Pennsylvania’s Supreme Court. Their request seeks to prevent counties from discarding what may amount to thousands of mail-in ballots in this pivotal battleground state.

Filed directly with the state’s highest court, this lawsuit arises as mail-in voting is just commencing and comes only six weeks before the presidential election. This legal action represents the latest effort by these organizations to safeguard mail-in ballots, especially those that are missing or have incorrect dates on their envelopes.

Under Pennsylvania law, it is required that voters date and sign their mail-in ballots. Unfortunately, many voters have misinterpreted this requirement, resulting in a significant number of ballots lacking the necessary dates—a problem that has persisted since the state expanded mail-in voting through legislation in 2019.

The lawsuit claims that numerous courts have determined that the date written by a voter does not serve as an effective measure of whether a ballot arrived on time or whether the voter is eligible. The plaintiffs argue that casting aside ballots due to a missing or inaccurate date would violate the clause for free and equal elections established by the Pennsylvania Constitution.

These advocates had previously won a similar case in a statewide court just weeks earlier. However, that ruling was later dismissed by the state Supreme Court due to a technicality before the justices could delve into the core issues.

Backing this effort, Democrats, including Governor Josh Shapiro, are aligned with the plaintiffs. The coalition includes notable organizations such as the Black Political Empowerment Project, Make the Road Pennsylvania, Pittsburgh United, League of Women Voters of Pennsylvania, and Common Cause Pennsylvania.

On the other hand, Republican leaders argue that enforcing the date requirement is essential for election integrity. They accuse the Democrats of attempting to alter election rules at the last minute.

The Supreme Court’s composition, which includes five justices affiliated with the Democrats and two with the Republicans, places it at the center of resolving election-related disputes as the presidential election approaches, similar to its pivotal role in the 2020 election.

Mail-in voting issues have become highly partisan, with about 75% of mail-in ballots cast by Democratic voters. This trend is frequently attributed to remarks from former President Donald Trump, who has made unfounded allegations regarding widespread fraud in mail-in voting systems.

The justices still need to determine if they will hear the case that was filed recently. They also have the discretion to choose whether or not to consider another case submitted by the Republican National Committee and the state Republican Party, which seeks to address similar issues stemming from lower court rulings.

In their legal action, the GOP aims to restrict counties from informing voters about potential mail-in ballot rejections. Meanwhile, the Shapiro administration has implemented processes aimed at notifying those voters, allowing them a chance to rectify minor errors or cast provisional ballots instead.

Additionally, the Republican lawsuit seeks to bar counties from allowing voters to correct mistakes on their mail-in ballots—for instance, when envelopes have missing signatures or dates—and to prevent them from casting provisional ballots in such circumstances.

Republicans argue that state law does not support these measures. It has been observed that Democratic-majority counties often take more initiative than their Republican counterparts to notify voters about rejected ballots and assist them in fixing the issues or providing alternative voting options.

Recent decisions from lower courts have mandated two Republican-controlled counties to allow voters to cast provisional ballots if their mail-in ballots face rejection. Should these rulings be applied statewide, they could result in hundreds or even thousands more votes being counted in the upcoming November election.

Source: AP News