Pennsylvania Court Blocks Rejection of Mail-In Ballots over Envelope Date Issue

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ICARO Media Group
Politics
31/08/2024 17h56

In a significant ruling with implications for the upcoming November election, a state court in Pennsylvania has put a stop to the enforcement of a requirement that voters must include accurate, handwritten dates on envelopes used to submit mail-in ballots. The decision, handed down by the Commonwealth Court, is believed to prevent the disqualification of several thousand votes in Pennsylvania.

In a 4-1 ruling, the court determined that disqualifying voters solely based on the absence or inaccuracy of the date violates the state constitution's provision for "free and equal" elections. Judge Ellen Ceisler, who formed the majority opinion, condemned the rejection of otherwise eligible votes due to minor paperwork errors, describing it as a violation of the fundamental right to vote guaranteed by the Pennsylvania Constitution. The court sided with left-leaning groups that had filed the lawsuit three months ago.

Pennsylvania, a crucial battleground state in the presidential contest between former President Donald Trump and current Vice President Kamala Harris, witnessed closely contested elections in both 2016 and 2020. While the number of mail-in ballots that could potentially be disqualified for lacking accurate envelope dates is relatively small in comparison to the total votes cast, it is estimated to exceed 10,000 out of the over 6 million anticipated.

Evidence presented during the litigation has revealed that older voters have been more prone to having their ballots invalidated due to the absence of an accurate handwritten date. Additionally, a higher proportion of Democrats compared to Republicans in Pennsylvania choose to vote by mail.

In disagreement with the majority decision, Judge Patricia McCullough expressed her dissent, criticizing the abandonment of common sense and the rewriting of the state law that expanded mail-in voting in 2019. She raised concerns about the new standard established by the court and questioned the impact on traditional methods of voting.

The lawsuit named the secretary of state and election boards of Philadelphia and Allegheny County, including Pittsburgh, as defendants. Democratic Party groups at both the state and national levels supported the lawsuit, aligning themselves with the plaintiffs' objectives.

Democratic Governor Josh Shapiro welcomed the court's ruling, considering it a victory for every Pennsylvanian's fundamental right to vote. At this time, there has been no comment from the office of Secretary of State Al Schmidt regarding the potential impact of the decision on the election guidance provided to counties.

In July, the Department of State had instructed counties to print return envelopes with the full year "2024" to ensure the accuracy of the date, allowing voters to add the month and day. The Department has stated that multiple court cases have confirmed that the dating of a mail-in ballot envelope holds no purpose in election administration when officials can already confirm the time frame within which it was sent and received.

With the court's ruling, Pennsylvania joins other states grappling with mail-in ballot issues and the challenges of ensuring a fair and accessible election process in the midst of a highly contested presidential race.

The views expressed in this article do not reflect the opinion of ICARO, or any of its affiliates.

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