Pennsylvania Appeals Court Declares Mail-In Ballot Date Requirement Unconstitutional: Implications for Future Elections Uncertain
ICARO Media Group
### Pennsylvania Court Declares Mail-In Ballot Date Requirement Unconstitutional
A Pennsylvania appeals court ruled on Wednesday that the requirement for mail-in voters to write the correct date on their ballot violates the state's Constitution. However, the implications of this ruling for future elections remain uncertain. The decision stems from a lawsuit over previously rejected ballots in Philadelphia.
The controversy over the dating requirement has led to numerous lawsuits by voting rights advocates, including a pending case at the US Supreme Court. The Supreme Court's decision is not expected before the coming election, and additional legal proceedings may be necessary to determine the statewide application of the new ruling.
Voters are currently instructed to date their ballots on the day they are filled out. However, this requirement has resulted in the rejection of thousands of ballots in prior elections, as voters often write their birthdate or another incorrect date, or omit the date entirely.
The Commonwealth Court of Pennsylvania declared that "enforcement of the dating provisions has resulted in the arbitrary and baseless rejection of thousands of timely ballots, resulting in disenfranchisement in violation of the free and equal elections clause."
As of now, Republican sources have not responded to inquiries about whether they will appeal the ruling to the state Supreme Court, a step they have taken in other cases when mail ballot procedures were relaxed.
Voting rights groups celebrated the ruling, but cautioned that further clarification is needed on whether the dating requirement will apply to the current election cycle. Mimi McKenzie, legal director of the Public Interest Law Center, advised voters to continue dating their return envelopes and to correct any mistakes if possible.
Pennsylvania has a history of contested litigation over mail-in ballot regulations. Another case concerning provisional votes cast in-person by those whose mail ballots were rejected for technical errors, including an incorrect date, is currently before the US Supreme Court on an emergency appeal.
Given that elections are managed at the county level and considering the frequently changing legal landscape, evaluating the impact of any single ruling on mail balloting policies in Pennsylvania remains complex. Many counties in the state provide voters the chance to fix ("cure") ballots that have disqualifying technical errors. Recently, election officials have redesigned the ballot envelope to reduce mistakes, such as writing a birthdate instead of the required date.