Pennsylvania Supreme Court Upholds Decision Allowing Rejection of Mail-In Ballots with Incorrect Dates

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ICARO Media Group
Politics
14/09/2024 18h32

In a recent ruling, the Pennsylvania Supreme Court has faced criticism from Gov. Josh Shapiro and voting rights groups for upholding a decision that permits counties to discard mail-in ballots if voters fail to accurately date the envelopes. The high court's 4-3 decision comes after a lower court found the mandate unenforceable, emphasizing that the case only involved two counties - Philadelphia and Allegheny - and did not include all 67 election boards.

Expressing disappointment, Governor Shapiro stated, "It's unfortunate that the PA Supreme Court did not side with the voters of our Commonwealth today. Voters who make an inconsequential dating error deserve to have their valid vote counted."

The ruling has sparked concerns about potential ballot invalidation, with the Commonwealth Court having previously halted the enforcement of handwritten dates on the external envelopes. The Public Interest Law Center's legal director, Mimi McKenzie, stressed the importance of careful adherence to ballot submission instructions, as thousands of voters may be at risk of having their ballots rejected due to what she calls a "meaningless mistake."

Recent data reveals that over 10,000 mail-in ballots in previous elections were either missing or had inaccurate dates. Notably, mail-in ballots tend to be favored by Democrats more than Republicans in Pennsylvania.

The Black Political Empowerment Project and several community organizations had previously filed a lawsuit against the Department of State, aiming to end the disqualification of mail-in ballots based on trivial external envelope errors. The organizations argued that such practices violate the fundamental right to vote as guaranteed by the Pennsylvania Constitution.

Reacting to the Supreme Court's decision, ACLU Voting Rights Project Senior Staff Attorney Ari Savitzky, who represented the plaintiffs, declared, "This procedural ruling is a deeply unfortunate and unnecessary setback for voters, whose fundamental right to vote is at stake." Savitzky called for an end to the disenfranchisement of eligible voters due to "totally meaningless paperwork mistakes," vowing to continue fighting for the counting of all votes.

The ruling has prompted a statewide coalition of ten nonpartisan community organizations to file a lawsuit against Pennsylvania Secretary of State Al Schmidt and election officials in Philadelphia and Allegheny County. The coalition demands an end to the disqualification of mail-in ballots based on inconsequential date errors on the declaration envelope, asserting that it infringes upon the right to vote in free and equal elections guaranteed by the Pennsylvania Constitution.

As the legal battle continues, the focus remains on protecting the integrity of Pennsylvania's voting system and ensuring every eligible voter has their voice heard in the upcoming elections.

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

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