A state court in Pennsylvania ruled on Friday that officials in the state’s two most populous counties cannot discard mail-in ballots that are otherwise timely and eligible simply because the ballots’ outer envelopes are undated or incorrectly dated. This decision by the Commonwealth Court of Pennsylvania could have significant implications for the upcoming November election in a state that is a crucial battleground.
The court sided with voter advocacy groups, determining that rejecting ballots due to non-compliance with a 2019 law, which requires voters to date and sign the outer envelope of their mail-in ballots, would violate the Pennsylvania Constitution. The court highlighted that such actions would infringe upon the constitutional guarantee of “free and equal elections” and pose a substantial risk of disenfranchising voters.
Impact on the November Election
This ruling is expected to play a pivotal role in the upcoming election, particularly given Pennsylvania’s status as a swing state. Current polling indicates a tight race between Vice President Kamala Harris and former President Donald J. Trump. The decision is especially critical as nearly 16,000 mail-in ballots were disqualified during the state’s primary election in April, with nearly half of these disqualifications resulting from issues like missing signatures and incorrect dates on the ballot envelopes.
Scope and Implications of the Ruling
The court’s decision currently applies only to Philadelphia and Allegheny Counties, which are Pennsylvania’s most populous. Whether this ruling will be extended to other counties across the state remains uncertain. The ultimate scope of the ruling will likely depend on the decisions of individual county officials and guidance from the office of the secretary of the commonwealth, who heads Pennsylvania’s Department of State.
In a statement, the Department of State welcomed the ruling, asserting that it clarifies that a minor mistake, such as forgetting to date or incorrectly dating a ballot envelope, should not lead to disenfranchisement. The department emphasized the importance of ensuring that voters’ rights are protected, even in cases of minor errors.
Governor Josh Shapiro also praised the court’s decision, calling it a significant victory for the fundamental right to vote in Pennsylvania. In a statement posted on social media, he underscored the importance of the ruling in safeguarding voters’ access to the electoral process.
Republican Response and Potential Appeal
The state Republican Party, which had supported the 2019 law known as Act 77, is likely to appeal the ruling to the Pennsylvania Supreme Court. The party had intervened in the lawsuit to defend the law, arguing that the dating requirement was a necessary measure to ensure the integrity of the voting process. The party’s state chairman declined to comment directly but referred inquiries to the party’s office in Harrisburg, which did not immediately respond.
The ruling draws parallels to a similar situation in 2022 when the same Commonwealth Court ordered the counting of undated mail-in ballots. This order came after David McCormick, a Republican primary candidate for the U.S. Senate, filed a lawsuit during his closely contested race against Mehmet Oz, the television personality known as Dr. Oz.
The Rise of Mail-In Voting in Pennsylvania
Mail-in voting in Pennsylvania surged dramatically between the 2016 and 2020 presidential election cycles, with the number of mail-in ballots rising to 2.7 million in 2020, accounting for about 39 percent of all ballots cast in the state. This increase followed the enactment of Act 77 in 2019, which permitted all Pennsylvanians to vote by mail, regardless of their reason.
However, Act 77 also introduced a controversial provision that prohibited county officials from processing or counting mail-in ballots before the morning of Election Day. This restriction led to delays in vote counting and the announcement of results, which contributed to protests in downtown Philadelphia during the 2020 election.
Nationwide Challenges in Ballot Counting
Pennsylvania’s challenges with mail-in ballots are mirrored in other states across the country. Election officials nationwide are grappling with how to handle ballots as the election approaches. In Georgia, local officials are trying to navigate new rules regarding certification from the state election board, while Nebraska is facing a court battle over whether to count the votes of individuals convicted of felonies. Like Pennsylvania, the Nebraska dispute centers on whether a new state law aligns with the state constitution.
As the election draws near, the Pennsylvania court’s ruling underscores the ongoing debates and legal battles over voting rights and election laws, which are likely to shape the electoral landscape in this critical battleground state.
