### Pennsylvania Supreme Court Rules Against Counting Undated Mail-In Ballots

In a recent decision, the Pennsylvania Supreme Court declared that mail-in ballots lacking dates on their envelopes must not be included in the election count. This verdict addresses the ongoing controversy wherein some Democratic counties had been counting such ballots despite previous court rulings.

The court's ruling specifies that mail-in and absentee ballots which do not adhere to Pennsylvania Election Code requirements will be excluded from the election tally for November 5, 2024. The decision was narrowly decided with a 4-3 vote. Notably, three Democratic justices dissented, arguing the court's intervention was premature.

The ruling comes on the heels of actions taken by several Pennsylvania counties—Philadelphia, Montgomery, and Bucks—where local officials recently opted to count undated ballots. Despite the state supreme court's November 1 ruling indicating these ballots should not be included in the 2024 count, officials in these counties argued ambiguity in the ruling permitted their inclusion.

This matter holds particular significance given the close U.S. Senate race between Democrat Robert Casey and Republican Dave McCormick. With McCormick leading by just under 18,000 votes, the slim margin has triggered a recount under Pennsylvania law, which mandates automatic recounts for races decided by less than 0.5%.

Criticism was leveled at local officials for disregarding state supreme court decisions. Justices David Wecht and Kevin Brobson emphasized the necessity for county and municipal authorities to abide by judicial orders and the Election Code.

Earlier in the year, lower Pennsylvania courts found the requirement for correctly dated ballots infringed on the state constitution's guarantee of free elections. However, the state supreme court overruled these decisions, maintaining that undated ballots should not be counted.

In Philadelphia, the decision to count over 600 undated ballots was led by the city's Democratic commissioners. Similarly, Montgomery County's Democratic commissioners voted to include these ballots. Neil Makhija, chair of the county board of elections, expressed disappointment but acknowledged the court’s authority, committing to abiding by the recent decision.

Bucks County saw a comparable scenario with Democratic board members voting to count 405 undated mail-in ballots, defying state guidance. Commissioner Diane Ellis-Marseglia justified her decision by prioritizing the importance of counting every vote.

The ruling has drawn strong reactions from political operatives. Chris LaCivita, co-chair of the Trump campaign, suggested punitive measures against those who counted undated ballots, even hinting at potential jail time.

This development underscores ongoing tensions and the critical importance of adherence to election laws and judicial rulings in Pennsylvania's electoral process.