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Court rules that mail-in ballots in Pennsylvania with incorrect dates on envelopes may be discarded

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Pennsylvania voters run the risk of having their mail-in ballots invalidated if they fail to correctly note the date on the return envelopes, as per a recent ruling from the state Supreme Court released on Friday. The court’s decision, which could have implications for the upcoming presidential election, was granted on procedural grounds. It highlighted that the initial case did not involve all 67 counties’ election boards but instead focused on lawsuits against just two counties, Philadelphia and Allegheny.
Just two weeks ago, the Commonwealth Court had temporarily stopped the enforcement of the handwritten date requirement on the exterior envelopes. However, the Supreme Court’s recent reversal of this decision raises concerns that numerous ballots, even if delivered on time, could be discarded in a crucial swing state like Pennsylvania, which is anticipated to have a closely contested presidential race.
Traditionally, the majority of Democratic voters in the state opt for mail-in ballots compared to Republicans. In past elections, older voters have been disproportionately affected by having their mail-in ballots invalidated due to issues with the date on the exterior envelope.
The Chairman of the Republican National Committee, Michael Whatley, hailed the court ruling as a significant win for election integrity, emphasizing that it would uphold sensible mail ballot safeguards, giving voters more confidence in the ballot-casting process.
While the decision by the state Supreme Court is final, there is a possibility of further legal challenges on the matter, according to statements from attorneys representing the 10 community organizations that initiated the lawsuit.
The dissenting opinion by three Democratic justices argued that the court should have tackled the dispute promptly to ensure a definitive ruling ahead of the forthcoming general election, given its crucial impact on ballot counting.
The contentious issue dates back to a lawsuit filed in May, contending that the date requirement violated a state constitutional provision guaranteeing free and fair elections. Past elections in Pennsylvania have seen over 10,000 ballots at risk of being rejected due to incorrect or missing envelope dates, a number substantial enough to sway the outcome of the presidential race, given the state’s significant 19 electoral votes.
Despite the state law mandating envelope dates, election officials do not utilize them to track timely ballot arrivals. Mail-in ballots are officially logged and time-stamped upon receipt, with the condition that they must reach county election offices before the polls close on Election Day.
Additionally, Pennsylvania voters will also be casting their votes for various other positions this autumn, including the contest between incumbent U.S. Senator Bob Casey, a Democrat, and Republican challenger Dave McCormick, along with 228 state legislative races, as well as elections for state treasurer, auditor general, and attorney general.

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