Court Rules Mail-In Ballot Date Errors No Longer Disqualifying

 September 4, 2024

A recent ruling by the Pennsylvania Commonwealth Court has brought about a substantial change in the state's mail-in voting process. The court decided that election officials can no longer reject mail-in ballots solely based on improper dating or lack of dates.

This decision could have far-reaching implications for the upcoming November election in this crucial battleground state. As reported by Axios, the ruling has the potential to prevent thousands of ballots from being disqualified.

The case that led to this ruling is one of three challenging Pennsylvania's mail-in ballot process in the lead-up to the November election. It comes in the wake of simplifications made to the state's mail-in voting system last year, which were aimed at reducing the number of disqualified ballots. Despite these efforts, over 8,500 ballots were still rejected in the April primary, with about half of these rejections due to dating errors.

Court's Decision And Its Constitutional Basis

The Commonwealth Court's ruling, handed down on Friday, declared that disqualifying voters for undated or inaccurately dated mail-in ballots is unconstitutional. The court cited a clause in the state constitution that deals with "free and equal" elections as the basis for its decision. This ruling effectively prevents election officials from tossing out ballots that are otherwise eligible but have dating issues.

The court's opinion emphasized that voters should not be disqualified due to "meaningless and inconsequential paperwork errors." This stance aligns with efforts to make voting more accessible and to ensure that every eligible vote is counted. Governor Josh Shapiro expressed his approval of the decision in a post on social media platform X.

The Department of State also welcomed the ruling, stating that it represents a victory for voters. They pointed out that election officials already have the means to confirm whether ballots were "sent and received in the legal voting window," and that the dates on ballots do not serve a significant "purpose to election administration."

Republican Response And Potential Appeal

While the ruling has been celebrated by voting rights advocates and state officials, it has faced criticism from Republicans. The GOP has argued that the dates on mail-in ballots could potentially help identify fraud or ensure timely submission of ballots in case of electronic system failures. Claire Zunk, speaking for the Republican National Committee, expressed concern about the court's decision.

Zunk said "Courts should not undermine election confidence and integrity by striking down commonsense election laws."

This sentiment reflects the ongoing debate between efforts to increase voter access and concerns about election security. It's likely that Republicans will appeal this ruling to the Pennsylvania Supreme Court, potentially leading to further legal battles as the election approaches.

Additional Legal Challenges To Mail-In Voting

The date requirement case is not the only legal challenge facing Pennsylvania's mail-in voting system. Two other cases in different counties are also addressing various aspects of the process. In Butler County, a case is challenging a judge's ruling about whether voters should be given a second chance to vote provisionally if they make mistakes on their mail-in ballots.

Meanwhile, in Washington County, a judge recently ruled that local election officials must notify voters when their ballots are at risk of being rejected. This ruling gives voters the opportunity to challenge the decision or cast a provisional ballot. The county and Republican groups are currently deciding whether to appeal this decision.

These various legal challenges demonstrate the ongoing complexity and contention surrounding mail-in voting in Pennsylvania. The outcomes of these cases could have significant impacts on how votes are cast and counted in the upcoming election.

Conclusion

The Pennsylvania Commonwealth Court's ruling on mail-in ballot date requirements marks a significant shift in the state's voting process. By preventing the rejection of ballots due to dating errors, the decision aims to reduce the number of disqualified votes. This ruling, along with other ongoing legal challenges, reflects the tension between efforts to increase voter access and concerns about election integrity. As the November election approaches, these legal developments will likely continue to shape Pennsylvania's voting landscape, potentially influencing the outcome in this crucial battleground state.

About Aileen Barro

With years of experience at the forefront of political commentary, Robert Cunningham brings a blend of sharp wit and deep insight to his analysis of American principles at the Capitalism Institute.

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