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PA Supreme Court Rules Flawed Mail-In Ballots Can Be Discarded

 September 15, 2024

The Pennsylvania Supreme Court has ruled that mail-in ballots lacking accurate dates on their return envelopes can be discarded, a decision that may have a significant impact on the 2024 presidential election in the key swing state.

ruling, announced on Friday, reverses a previous decision by the Commonwealth Court and could lead to the rejection of thousands of ballots in the upcoming election, as the Associated Press reports.

The ruling could influence the outcome of a close race in a state where mail-in ballots are widely used by Democrats.

Two weeks earlier, the Commonwealth Court had ruled that such mail-in ballots should not be invalidated, citing procedural concerns. However, the Pennsylvania Supreme Court, in a 4-3 decision, vacated that ruling. The lower court’s decision had only involved Philadelphia and Allegheny counties, raising questions about its broad applicability across the state’s 67 counties.

Thousands of Ballots at Risk of Rejection

The recent ruling could affect thousands of ballots in a state that is often a deciding factor in presidential elections. In Pennsylvania, mail-in ballots have become increasingly popular, particularly among Democrats. As such, any ruling affecting mail-in ballots could alter the outcome of not only the presidential race but also other key contests, including the U.S. Senate seat held by Democrat Bob Casey and various state-level offices.

One of the main issues in the case was whether mail-in ballots should be invalidated if voters fail to put the correct date on the return envelope. Although the ballots are logged and timestamped upon receipt, the lack of an accurate handwritten date could still lead to their rejection under the new ruling. Older voters, in particular, have faced challenges with this requirement, as date errors are a common issue.

Republicans Celebrate the Court’s Decision

Republican National Committee Chairman Michael Whatley hailed the ruling as a win for election integrity, emphasizing that it helps ensure the security of mail-in voting. “This decision is a major victory for election integrity that will protect commonsense mail ballot safeguards and help voters cast their ballots with confidence,” Whatley said.

The lawsuit that led to this ruling was initially filed in May, with various community organizations arguing that the enforcement of the date requirement was unconstitutional under Pennsylvania’s “free and equal” election clause. Despite this, the Pennsylvania Supreme Court ruled against their position, concluding that the date requirement was valid under state law.

Dissenting Justices Express Concerns

The decision was not without dissent. The court’s three Democratic justices argued that the matter should have been resolved on constitutional grounds. Justice David Wecht, one of the dissenting justices, stressed the importance of addressing the issue of ballot counting in upcoming elections. “A prompt and definitive ruling on the constitutional question presented in this appeal is of paramount public importance inasmuch as it will affect the counting of ballots in the upcoming general election,” Wecht stated.

The ruling could open the door to more litigation, with lawyers representing the community organizations that filed the lawsuit indicating that further legal challenges are possible. They argue that thousands of voters could see their ballots rejected for making what they consider a “meaningless” error.

Potential Impact on the Presidential Election

The ruling comes as Pennsylvania prepares for the 2024 presidential election, in which the state’s 19 electoral votes will be highly contested. Historically, Pennsylvania has played a crucial role in determining the winner of presidential elections, and mail-in voting has been a growing trend in the state since the COVID-19 pandemic.

Given that Democrats are more likely to vote by mail, the ruling could disproportionately affect Democratic voters, potentially influencing the outcome of the election. In close races, even a small number of rejected ballots could swing the results. Past elections have shown that over 10,000 ballots could be at risk of rejection due to date errors on envelopes.

Mail-In Ballots and Voter Confidence

The debate over mail-in ballots has become a significant point of contention in U.S. elections in recent years. Supporters of mail-in voting argue that it provides a more accessible way for people to participate in the democratic process, especially for those who may face barriers to voting in person. Opponents, on the other hand, cite concerns over potential fraud and the security of the process.

Chairman Whatley and other Republicans see the Pennsylvania Supreme Court’s ruling as a step toward ensuring that mail-in voting is more secure. However, critics argue that the decision could lead to legitimate votes being discarded due to minor technicalities, such as a missing or incorrect date on the envelope.

Legal Battles Likely to Continue

Lawyers for the community organizations that challenged the date requirement have indicated that further legal battles may follow. They are concerned that the ruling will disenfranchise voters who make an honest mistake when submitting their mail-in ballots. Mimi McKenzie, legal director of the Public Interest Law Center in Philadelphia, expressed concern about the impact on voters. “Thousands of voters are at risk of having their ballots rejected in November for making a meaningless mistake,” she said.

With the November election looming, Pennsylvania’s role as a swing state ensures that every aspect of its electoral process will be closely scrutinized. Both parties are expected to continue contesting rules and regulations that they believe could affect the outcome of the vote.

Conclusion: The Implications of the Ruling

The Pennsylvania Supreme Court’s decision to allow the rejection of mail-in ballots with flawed dates adds another layer of complexity to the state’s election landscape.

While Republicans celebrate it as a win for election integrity, critics argue that it could disenfranchise thousands of voters.

As Pennsylvania gears up for pivotal elections, including the presidential race and the U.S. Senate seat, the ruling’s impact will likely be felt for months to come.

Further legal challenges are expected, and the debate over mail-in voting is likely far from over.