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

In a significant decision just weeks before the upcoming presidential election, the Pennsylvania Supreme Court has ruled that mail-in ballots with incorrect or missing dates on their return envelopes can be rejected.

The ruling, delivered after a narrow 4-3 vote, overturns a previous state court decision that had blocked enforcement of this requirement, and it could result in more than 10,000 ballots being discarded, potentially impacting the close race between Donald Trump and Kamala Harris, as the Daily Caller reports.

The case was brought before the Pennsylvania Supreme Court following a late August ruling by the Commonwealth Court that halted the enforcement of the date requirement. That earlier decision had allowed voters to submit mail-in ballots without having to include an accurate handwritten date on the return envelope.

In a split decision, two Democratic justices joined their Republican colleagues to form the majority, which vacated the earlier Commonwealth Court ruling. Justices Kevin Dougherty, Sallie Updyke Mundy, Kevin Brobson, and Daniel McCaffery led the charge to reinstate the date requirement, citing procedural missteps by the Commonwealth Court in its earlier ruling. The majority of the court criticized the Commonwealth Court for failing to include all 67 county boards of elections in its ruling.

Potential Impact on the General Election

The implications of this ruling are substantial, as over 10,000 mail-in ballots could potentially be rejected in Pennsylvania due to incomplete or inaccurate dates on the envelopes. With the upcoming general election expected to be close, especially in swing states like Pennsylvania, the court’s decision could have a notable impact on the outcome.

Justice David Wecht, in his dissent, expressed concerns over the broader constitutional issues raised by the case. He called for a "prompt and definitive ruling" on the constitutional question, stressing its importance for the integrity of the upcoming election. He warned that failing to address the constitutional concerns could leave voters in a state of uncertainty, particularly as mail-in ballots continue to play a major role in elections.

Previous Rulings on Mail-In Ballots

The court’s latest decision comes after a series of legal battles surrounding mail-in and absentee ballots in Pennsylvania. In November 2022, the Pennsylvania Supreme Court had unanimously ruled that ballots submitted without dates on the return envelopes were invalid.

Earlier this year, a lawsuit was filed, arguing that requiring dates on mail-in ballots violated the Free and Equal Elections clause of the Pennsylvania Constitution. Despite the challenges, the state court system upheld the date requirement, although it was briefly paused by the Commonwealth Court’s ruling in August.

Context of the Ongoing Legal Debate

This legal dispute is part of a broader conversation about mail-in voting in the United States, particularly in the wake of the 2020 election. After that election, former President Donald Trump’s campaign filed a lawsuit challenging Pennsylvania’s "ballot curing" practices, which they argued had unfairly disadvantaged Republican voters. That case was ultimately dismissed by a judge and later rejected by the U.S. Supreme Court in December 2020.

With the upcoming election featuring a rematch between Trump and current Vice President Kamala Harris, Pennsylvania’s role as a key swing state remains crucial. The state’s handling of mail-in ballots could play a significant role in determining the final outcome of the race.

Mail-In Ballots and Voter Confidence

The decision to enforce stricter requirements for mail-in ballots could also have an impact on voter confidence. Proponents of the rule argue that ensuring voters properly date their ballots is essential to maintaining the integrity of the voting process. They contend that procedural rules, such as including a correct date, are necessary to avoid issues of voter fraud and maintain election security.

Critics, however, argue that the rule disproportionately affects certain groups of voters, particularly those who may struggle to navigate the complexities of mail-in voting. For these voters, a minor error, such as an incorrect date, could result in their vote being discarded.

Looking Ahead to Election Day

With Election Day approaching, the ruling by the Pennsylvania Supreme Court adds yet another layer of uncertainty to an already contentious election cycle. Voters in Pennsylvania and across the country are preparing to cast their ballots in what is expected to be one of the most closely-watched elections in recent history.

Despite the ruling, constitutional questions surrounding the enforcement of mail-in ballot requirements remain unresolved. Justice Wecht’s dissent highlights the need for clarity on these issues, particularly as they relate to the Free and Equal Elections clause.

The court’s decision, while providing immediate guidance for election officials, does not put an end to the broader legal debate. Further challenges could emerge, both in Pennsylvania and in other states, as election officials and voters alike grapple with the evolving legal landscape surrounding mail-in voting.