Written by Ashton Snyder on
 September 14, 2024

PA Supreme Court Provides for Disqualification of Undated Mail-In Ballots

The Pennsylvania Supreme Court has ruled that mail-in ballots with flawed or inaccurate dates on their exterior envelopes can be discarded, a decision that could significantly affect the upcoming elections in the battleground state.

The election integrity decision overturned a previous ruling, though it has raised concerns among some about potential disenfranchisement of voters, particularly in a key swing state like Pennsylvania, as ABC News reports.

The state’s high court delivered its ruling on Friday, affirming that mail-in ballots without proper date markings on their envelopes can be disqualified. This decision overturns a previous ruling from the Commonwealth Court, which had halted the enforcement of the date requirement for mail-in ballots. The reversal potentially impacts a substantial number of voters and could play a pivotal role in Pennsylvania’s role as a crucial swing state in national elections.

Potential Impact on Upcoming Elections

The decision could significantly affect the upcoming presidential election, particularly in a state where Democrats have historically relied more on mail-in voting. According to court records, thousands of mail-in ballots were already invalidated in prior elections because of errors related to dates, and this trend is likely to continue. Older voters, who tend to use mail-in ballots at higher rates, are also disproportionately affected by these date issues. The possibility of widespread ballot invalidations has sparked concern about voter disenfranchisement, particularly among demographics that traditionally use mail-in ballots.

The Pennsylvania Supreme Court's decision came in a narrow 4-3 vote, with two Democratic justices siding with Republicans in the ruling. The dissenting justices, all Democrats, expressed strong concern that the ruling contradicts the state’s constitutional principle of free and equal elections.

Voter Confidence Versus Disenfranchisement

While some view the court’s decision as a necessary measure to safeguard the integrity of elections, others argue that it could result in significant disenfranchisement. Republican National Committee Chairman Michael Whatley described the ruling as a "major victory for election integrity" and said it would help ensure that voters can cast their ballots confidently.

However, legal advocates like Mimi McKenzie, the legal director of the Public Interest Law Center in Philadelphia, believe the ruling will unfairly penalize voters for small, non-substantive mistakes. “Thousands of voters are at risk of having their ballots rejected in November for making a meaningless mistake,” McKenzie said.

In recent elections, some ballots were invalidated because they lacked dates, contained future dates, or were marked with dates from before the ballots were printed. Despite this requirement, the envelope dates are not used by election officials to confirm the timely arrival of the ballots.

Concerns Over Constitutional Principles

Justice David Wecht, who wrote a dissenting opinion, argued that the issue of envelope dates should have been evaluated under the state’s constitutional guarantee of free and equal elections. “A prompt and definitive ruling on the constitutional question presented in this appeal is of paramount public importance,” Wecht wrote, highlighting the decision’s potential influence on the upcoming general election.

Wecht’s concerns are echoed by voting rights advocates, who warn that the invalidation of mail-in ballots could alter the outcome of closely contested races. Pennsylvania’s 19 electoral votes are the largest prize among swing states, making any ruling that affects voting procedures particularly consequential.

Additionally, over 10,000 ballots could be affected by this ruling in the upcoming election, a number large enough to sway results in tight races, including the presidential election. The court’s decision will also impact races for U.S. Senate, 228 state legislative seats, and state positions such as treasurer and attorney general.

Implications Beyond the Presidential Election

This ruling isn’t limited to the presidential election alone. Other critical races in the state, including those for Senate, state legislature, and top state offices, could also be affected by the disqualification of ballots with date errors. The extent to which this decision will impact the final results in these races remains to be seen, but the implications could be significant.

As Pennsylvania is one of the most closely watched battleground states in national elections, the stakes are high. With its 19 electoral votes, Pennsylvania could play a decisive role in the presidential race. Any ruling that changes the rules for mail-in voting, particularly in such a narrow vote by the court, has the potential to influence the outcome.

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