Pennsylvania Supreme Court dodges misdated mail-in ballot case
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The Pennsylvania Supreme Court is declining to weigh in on a case over whether misdated mail-in ballots should be counted ahead of the November election.
Why it matters: Thousands of mail-in ballots were rejected for dating errors in the April primary. Those votes could be again at risk in a battleground state where the presidential race's margins may be even closer than in 2020.
Driving the news: The state Supreme Court's decision Saturday to reject the case maintains the status quo, meaning counties will continue to toss out any mail-in ballots that are improperly dated or lack a date entirely on the return envelope.
- Justices argued that potentially changing the rule so close to the election could confuse voters.
- In a dissent, Chief Justice Debra Todd wrote that election officials should have resolved the "important constitutional question now" so voters aren't disenfranchised.
The big picture: The case was one of several ballot-related issues that the Pennsylvania Supreme Court had been asked to take up before the election, including a separate ruling dealing with undated mail-in ballots.
- The court will decide another case out of Washington County about whether election officials are required to notify voters when their mail-in ballots are disqualified so they can challenge that decision.
Catch up quick: Pennsylvania tweaked its mail-in ballot process last year to reduce the errors that led to disqualified ballots.
- The changes included redesigning envelopes with clearer instructions on how to fill out and return mail-in ballots.
- But more than 8,500 ballots were still rejected in the April primary — about half due to dating errors, per Spotlight PA.
Zoom in: State election officials have said they do not use the handwritten dates to determine voter eligibility or whether the ballot was received on time.
- Voting rights groups had argued that tossing out those ballots violates the state's constitution — a position supported by some of the state's top Democrats, including Gov. Josh Shapiro.
The latest: The U.S. Supreme Court on Monday rejected a request to restore a lawsuit brought by Pennsylvania Republicans that challenged several executive actions expanding voting access, including one from Governor Shapiro enacting automatic statewide voter enrollment.
What we're watching: Another federal legal fight over Pennsylvania's mail-in ballots.
- Five Republican members of Congress sued state elections officials last week, arguing Pennsylvania's policy of not requiring Social Security or driver's license numbers from overseas and military voters violates state and federal law.
- A hearing on the lawmakers' request is set for next week.