What’s the Current Legal Battle Over Pennsylvania Ballots?

Pennsylvania's latest election controversy centers on whether mail-in ballots should be rejected if they're missing handwritten dates on return envelopes. The state's Supreme Court has ruled that undated or misdated ballots must be disqualified, despite Democratic arguments that such technical requirements don't affect voter eligibility. Counties have split in their responses, with Democratic-led areas pushing to count contested ballots while Republican counties enforce strict rejection. The dispute affects thousands of votes and could impact the U.S. Senate race between McCormick and Casey. This ongoing battle between voting access and election integrity raises deeper questions about Pennsylvania's democratic process.

Key Takeaways

• Pennsylvania Supreme Court ordered rejection of mail-in ballots missing proper handwritten dates on return envelopes, affecting thousands of votes.
• Democratic counties challenge the ruling, arguing date requirements don't affect voter eligibility, while Republican counties enforce strict rejection.
• Approximately 1,500 ballots across Bucks, Montgomery, and Philadelphia Counties are contested due to missing or incorrect dates.
• Counties are divided in their response, with Democratic-led areas counting contested ballots while Republican counties reject them.
• The Supreme Court's 4-3 ruling maintains strict dating requirements despite arguments that envelope barcodes could replace handwritten dates.

The Heart of the Dispute

While Pennsylvania's election laws have long been a source of contention, the current dispute centers on the requirement for voters to include handwritten dates on mail-in ballot return envelopes.

The controversy has created a challenging situation for county officials, who face potential legal action regardless of their stance on the issue. With McCormick leading by 17,000, the handling of dated mail-in ballots could prove decisive in the final outcome. The Pennsylvania Supreme Court ordered counties to reject ballots without proper dates, favoring the Republican position.

Democratic-majority election boards argue that the date requirement doesn't affect voter eligibility or ballot legitimacy, while Republicans insist it's essential for ballot security.

This disagreement has led to inconsistent practices across counties, with some Democratic-controlled areas initially choosing to count undated or misdated ballots.

The impact is significant, as thousands of mail-in ballots statewide could be affected by incorrect or missing dates, sparking ongoing debates about voter access versus election integrity requirements.

Key Court Decisions

Landmark court rulings have shaped Pennsylvania's mail-in ballot requirements, with the state's Supreme Court delivering decisive verdicts on the dating issue.

The court has consistently ordered counties to exclude mail-in and absentee ballots that don't meet Election Code requirements, specifically those with missing or incorrect dates.

Democratic Justice Christine Donohue issued a strong procedural dissent against the majority opinion.

In its November 2024 ruling, the Supreme Court reaffirmed this stance, directing counties like Bucks, Montgomery, and Philadelphia to exclude improperly dated ballots from their vote totals.

The court overturned a Commonwealth Court ruling that had deemed the dating requirement unconstitutional, though federal legal challenges remain pending.

This decision particularly impacts the tight U.S. Senate race between David McCormick and Bob Casey, where the margin falls within the automatic recount threshold.

The Republican National Committee and McCormick campaign have filed lawsuits against counties throughout Pennsylvania, focusing particularly on Democratic-leaning jurisdictions.

County Response and Actions

Following the Supreme Court's directive, Pennsylvania counties have taken markedly different approaches to handling undated and misdated ballots.

Several counties, including Bucks, Montgomery, and Philadelphia, initially opted to count these ballots, citing concerns about voter disenfranchisement and constitutional rights. Montgomery County's board voted 2-1 in favor of counting them, arguing that the date requirement was immaterial to determining voter eligibility.

However, at least five counties, including Allegheny and Chester, have refused to accept undated or misdated ballots. The Department of State advised counties to segregate these ballots while awaiting legal clarity. The Pennsylvania Election Code specifically requires that return envelopes must be dated for a ballot to be considered valid.

The split in county responses has affected approximately 1,500 ballots across Bucks, Montgomery, and Philadelphia Counties. These counties maintained that rejecting ballots over clerical errors would violate voters' constitutional rights, though they've since had to comply with the Supreme Court's order to exclude them.

Senate Race Impact

The Pennsylvania Senate race has entered a critical phase as Republican David McCormick leads by approximately 17,000 votes, triggering an automatic recount due to the margin falling below 0.5%.

Governor Shapiro has made repeated calls for reform to address ongoing election integrity concerns.

While the Associated Press has called the race for McCormick, NBC News considers it too close to call as thousands of provisional and mail-in ballots remain contested.

Democratic-majority election boards have faced pushback after voting to count undated ballots.

• McCormick's campaign sees the state Supreme Court's ruling against counting undated ballots as a major setback for Democrat Bob Casey.
• The recount process must be completed by November 26, involving paper ballots run through high-speed scanners.
• Both campaigns are actively involved in legal challenges over disputed ballots.
• The outcome could set precedents for future elections, particularly regarding mail-in ballot requirements.

The legal battle highlights ongoing tensions over election rules, with Democrats advocating for broader ballot inclusion while Republicans seek stricter enforcement of dating requirements.

Mail Ballot Dating Requirements

Pennsylvania's strict mail ballot dating requirements have become a central battleground in the state's ongoing election dispute, with a recent Supreme Court ruling enforcing the mandatory handwritten date on return envelopes.

The state's election code requires voters to both sign and date the outer return envelope for their ballot to be counted.

The American Civil Liberties Union has argued that the dating requirement disenfranchises eligible voters who make minor technical errors.

While election officials use envelope barcodes to verify receipt times electronically, making handwritten dates technically unnecessary for determining timeliness, the court has upheld the dating requirement.

Voters must complete these requirements by 8 p.m. on Election Day to ensure their ballots are properly counted.

Counties must now exclude undated or misdated ballots from their vote totals, overruling decisions by several majority-Democratic election boards that had planned to count these ballots.

The Department of State has advised counties to segregate affected ballots, though there's currently no clear path for reinstating them in the election results.

Historical Legal Context

Legal battles over Pennsylvania's ballot dating requirements have played out through multiple court decisions since 2022, creating a complex web of precedent that shapes today's electoral landscape.

The Supreme Court's consistent stance since 2022 has been to reject undated or misdated mail-in ballots, most recently reaffirmed in November 2024.

While lower courts, including the Commonwealth Court, have ruled the date requirement unconstitutional, higher courts have repeatedly overturned these decisions.

Currently, at least four counties are defying the Supreme Court by counting undated ballots in a contentious Senate race.

• Supreme Court voided a Commonwealth Court ruling in September 2024 that had declared the handwritten date requirement unconstitutional.
• October 5 ruling maintained status quo despite voter disenfranchisement concerns.
• November 1 decision clarified that special election precedents don't apply to general elections.

County election boards continue to challenge the requirement's constitutionality, though only courts can declare statutes unconstitutional.

Election Official Challenges

Against the backdrop of evolving court decisions, county election officials across Pennsylvania have taken divergent stances on handling undated and misdated mail-in ballots.

Democratic-controlled counties like Montgomery, Philadelphia, and Bucks voted to count these contested ballots, arguing that the date requirement doesn't affect voter eligibility.

Meanwhile, Republican-led counties including Snyder, Chester, and Lycoming chose to reject them, adhering to previous state Supreme Court rulings. The Pennsylvania Supreme Court had ruled 4-3 against counting ballots with incorrect dates.

The Pennsylvania Department of State has attempted to reduce errors by pre-printing the year on ballot return envelopes.

This divide has sparked intense legal challenges, with the RNC and Pennsylvania GOP filing lawsuits to prevent the counting of these disputed ballots.

Election commissioners remain split on their authority, with some believing they've discretion over ballot counting decisions, while others maintain that only courts can declare statutory requirements unconstitutional.

These conflicting interpretations have further complicated the ongoing U.S. Senate race recount between McCormick and Casey.

Future Voting Rights Implications

The future of voting rights hangs in the balance as Pennsylvania's ballot date requirement continues to spark constitutional debates and legal challenges. The Pennsylvania Supreme Court's decision to reject undated or incorrectly dated mail-in ballots could affect thousands of voters, while ongoing federal litigation may reshape election procedures.

Voting rights advocates argue that the handwritten date requirement unnecessarily disenfranchises eligible voters.

• Legal battles in federal courts and the U.S. Supreme Court could overturn the current interpretation
• Democratic justices contend the date requirement is immaterial to ballot validity
• Pro-voting groups are pushing for legislative reforms to clarify election rules
• The outcome of these challenges could influence similar laws in other states

The dispute's resolution will likely have lasting implications for voting accessibility and election administration across Pennsylvania and potentially nationwide.

Frequently Asked Questions

How Do Voters Check if Their Mail Ballot Was Rejected?

Voters can verify their mail ballot status through multiple channels.

They'll need to contact their county election office directly or use the county's online tracking system. Many offices provide phone numbers or web portals where voters can check their ballot's status using personal identification information.

Some counties also offer email notifications to update voters automatically.

If rejected, the election office must notify voters and explain why.

What Happens if a Voter Realizes They Submitted an Incorrectly Dated Ballot?

Like a letter lost in time, an incorrectly dated ballot can't be retrieved or fixed once it's submitted.

There's no established process for voters to correct dating errors after they've turned in their mail-in ballots.

Due to Pennsylvania's Supreme Court ruling, these misdated ballots won't be counted in the election results.

While voters can't remedy their mistake, they can verify their ballot's status through their county election office.

Can Counties Notify Voters About Dating Errors Before Election Day?

Counties in Pennsylvania can voluntarily notify voters about ballot dating errors before Election Day, but they're not legally required to do so.

While some counties choose to implement notification systems, it's not a standardized practice across the state.

The Pennsylvania law doesn't mandate pre-election notifications for dating errors, leaving it up to individual counties to decide their approach.

This has led to varying practices among different counties throughout the state.

Are There Different Rules for Military and Overseas Voters' Ballot Dates?

In Pennsylvania's 2020 election, military and overseas voters cast over 23,000 ballots.

However, there aren't different rules for military and overseas voters when it comes to ballot dating requirements. They must follow the same guidelines as all other mail ballot voters in Pennsylvania.

The state's Election Code and recent court rulings apply the date requirement universally, with no special exemptions.

All mail ballots must be properly dated to be counted.

Do Other Swing States Have Similar Ballot Dating Requirements?

Swing states generally have varying ballot dating requirements, with most being less strict than Pennsylvania's handwritten date mandate.

States like Arizona, Michigan, and Nevada don't enforce similar envelope dating rules. While some states rely on postmarks rather than handwritten dates, there's no uniform standard across swing states.

The issue's become particularly contentious as states balance election security with voter access, leading to ongoing legal debates nationwide.