Pennsylvania Court Rules Against Rejecting Mail-In Ballots With Incorrect Dates

Mail-In Ballots Cannot Be Rejected for Incorrect Dates

A recent ruling by a Pennsylvania court stated that election officials are not allowed to reject mail-in ballots that have incorrect or missing dates, provided that they were submitted before the deadline. This ruling was made by a panel of the Commonwealth State Appeals Court on August 30.

Violation of State Constitution

The court found that the state's legal requirement for mail-in ballot envelopes to bear a date is in violation of the state constitution. Commonwealth Court Judge Ellen Ceisler, writing for the 4-1 majority, stated that refusing to count undated or incorrectly dated but timely received mail ballots from otherwise eligible voters due to minor paperwork errors infringes upon the fundamental right to vote as guaranteed by the Pennsylvania Constitution.

Striking Down Act 77

This ruling is applicable to both Philadelphia and Allegheny counties, and it invalidates a 2019 law, Act 77, which mandated voters to date the envelope containing the mail-in ballots. The American Civil Liberties Union (ACLU) had challenged this and other provisions, arguing that they were unconstitutional, in a lawsuit against Pennsylvania Secretary of State Al Schmidt, the Philadelphia County Board of Elections, and the Allegheny County Board of Elections.

Republican Opposition

The Pennsylvania Republican Party and the Republican National Committee intervened in the case, asserting that the provisions do not violate the state Constitution. The majority declined to rule against other provisions but stated that the date requirement is unconstitutional.

Governor's Response

Pennsylvania Governor Josh Shapiro expressed his approval of the court's decision in a social media post, stating that a minor error such as forgetting to date or misdating a ballot envelope should not be grounds for disenfranchisement.

Other Requirements Remain

Despite this ruling, the appeals court clarified that officials still have the authority to ensure that mail-in ballots comply with other requirements, including submission deadlines. The Pennsylvania Department of State concurred, stating that the dating of a mail-in ballot envelope serves no purpose to election administration when officials can already confirm it was sent and received within the legal voting window.

Impact of the Decision

It remains unclear how this decision might alter the Department of State's guidance to counties that run elections. In July, the department advised counties to print return envelopes with the full year "2024," leaving voters to add the accurate month and day. Mike Lee, executive director of the Pennsylvania ACLU, welcomed the ruling, saying it safeguards the votes of thousands of voters who make this mistake in every election, without undemocratic, punitive enforcement by the counties.

Rejected Ballots

Data presented to the court showed that more than 10,000 mail-in ballots were not counted in the 2022 midterm election and 4,000 were rejected in the primary elections earlier this year because they did not comply with the ballot date requirement.

Plans to Appeal

Tom King, representing the state and national Republican Party groups in the case, expressed disappointment in the decision and confirmed plans to appeal. Commonwealth Court Judge Patricia McCullough, in her dissent, argued that the date requirement was the least burdensome of all ballot-casting requirements and that the groups challenging the provision had not shown that it was so difficult as to deny voters their right to vote.

Bottom Line

This ruling represents a significant development in the ongoing debate over voting rights and the handling of mail-in ballots. It underscores the importance of ensuring that every eligible voter's voice is heard and that minor errors should not lead to disenfranchisement. However, it also raises questions about the balance between maintaining the integrity of the voting process and accommodating human error. What are your thoughts on this ruling? Do you believe it strikes the right balance? Share your thoughts with your friends and consider signing up for the Daily Briefing, which takes place every day at 6pm.