HARRISBURG, Pa. — Following a recent court ruling that eased mail ballot regulations, Republican officials swiftly initiated an appeal to the Pennsylvania Supreme Court on Thursday, seeking to overturn the decision made just a day earlier.
The state and national Republican Party filed an urgent request for the justices to suspend a ruling from the Commonwealth Court, which determined that the envelopes used for mail-in ballots do not need to include accurate handwritten dates, despite this being a requirement under state law.
Republican representatives argued that, if the high court does not impose a hold on the ruling, it should at least clarify that the decision does not apply to the upcoming elections scheduled for this Tuesday.
The Commonwealth Court’s ruling, which passed by a narrow 3-2 margin, stated that 69 mail ballots with missing or incorrect dates should be included in the tally for two special elections in Philadelphia held in September.
The judges highlighted that their decision pertained to an election that had already taken place, one that involved candidates running unopposed. However, this has led to uncertainty regarding how the ruling could affect the current election process. Pennsylvania holds significant importance as a key swing state in the upcoming presidential election, with voters also selecting a U.S. Senate seat, three statewide officials, and many legislative positions.
Since the introduction of absentee and mail-in voting for all registered voters by the state legislature in 2019, these rules have often been contested in both state and federal courts, especially following their use during the pandemic. The 3rd U.S. Circuit Court of Appeals upheld the necessity for accurate dating on envelopes in March, and in April, the state modified the envelope designs to minimize potential dating errors. Last month, the Pennsylvania Supreme Court declined to entertain a challenge against the dating requirement and chose not to revisit the matter on October 5.
The Republican National Committee and the Pennsylvania GOP emphasized that changing such rules so close to an election is problematic. They argued that county election officials should have had the opportunity to provide input, and they pointed out that the state Supreme Court had ruled differently on the same issue recently.
“Without this court’s intervention, county boards will likely count undated ballots that the General Assembly has specified should not be included,” they argued in their Thursday filing. They raised concerns that inconsistent applications of the date requirement could lead to varying practices across the state.
In their emergency request for intervention, they declared, “There is absolutely no justification for the majority to hastily disregard the General Assembly’s date requirement just days before the 2024 General Election.”
The Pennsylvania Supreme Court has granted other involved parties a deadline until early Friday to submit their responses.
In recent rulings, the state Supreme Court has upheld the requirement for accurate envelope dating and indicated a preference for maintaining existing laws or procedures without significant modifications during an ongoing election period.
The majority opinion in the Commonwealth Court posited that the mandate for precise envelope dates does not pertain to the determination of timely ballot submission and may violate the constitutional provision ensuring free and equal elections, free from interference by civil or military powers.
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