Pennsylvania officials can't toss misdated mail-in ballots, court rules
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Pennsylvania election officials can no longer reject otherwise eligible mail-in ballots because they were improperly dated or lacked a date entirely, a state court ruled late last week.
Why it matters: The decision could prevent thousands of ballots from being tossed out in the battleground state in this November's election.
The big picture: The case is among three challenging Pennsylvania's mail-in ballot process just months before the election, but it's potentially the most consequential.
- The lawsuits come after Republicans hammered the state with baseless claims of voter fraud in 2020. Former President Trump repeated those allegations during a campaign rally in Philadelphia this summer.
Catch up quick: Pennsylvania simplified its mail-in ballot process last year to reduce the number of disqualified ballots.
- Yes, but: More than 8,500 ballots were still rejected in the April primary — about half of which were due to dating errors, per Spotlight PA.
The latest: The Commonwealth Court ruled Friday that disqualifying voters for undated or inaccurately dated mail-in ballots is unconstitutional, citing a clause dealing with "free and equal" elections.
- Republicans are likely to appeal the ruling to the Pennsylvania Supreme Court, Spotlight PA reports.
Zoom in: Several voting rights groups, represented by the ACLU of Pennsylvania, sued the secretary of the Commonwealth and elections officials in Philadelphia and Allegheny counties.
- An election lawyer told Spotlight PA that the ruling should apply statewide. But it's unclear if the secretary of the Commonwealth's office will issue new guidance to county election officials, the AP reports.
What they're saying: The Commonwealth Court wrote in its opinion that voters should not be disqualified because of "meaningless and inconsequential paperwork errors" — a decision Gov. Josh Shapiro applauded in a post on X.
- The Department of State called it a victory in a statement, noting that election officials can already confirm whether ballots were "sent and received in the legal voting window," and that the dates don't provide a "purpose to election administration."
The other side: Republicans have argued that the dates could help suss out fraud or ensure ballots are submitted on time if electronic systems fail, per Spotlight PA.
- "Courts should not undermine election confidence and integrity by striking down commonsense election laws," Claire Zunk, a spokesperson for the Republican National Committee, told the outlet.
What we're watching: Another case in Butler County. The ACLU and Public Interest Law Center are challenging a judge's ruling about whether voters should get a second chance to vote provisionally if they mess up their mail-in ballots.
- The judge ruled that the county didn't have to accept such provisional ballots.
Meanwhile, in a separate case in Washington County, a judge ruled late last month that local election officials must notify voters when their ballots are at risk of being rejected, giving them the opportunity to challenge the decision or vote provisionally.
- The county and GOP groups are deciding whether to appeal.