Article Summary –
Pennsylvania’s Supreme Court ruled not to count mail-in ballots lacking correct dates, favoring Republican McCormick over Democrat Casey in the Senate race. As McCormick leads by 17,000 votes, a recount looms. The decision conflicts with some Democratic counties’ actions, sparking legal debates over ballot dating.
HARRISBURG, Pa. (AP) — The Pennsylvania Supreme Court ruled Monday that counties must exclude mail-in ballots missing a correct handwritten date on the return envelope amid the vote count in the U.S. Senate election between Democratic Sen. Bob Casey and Republican David McCormick.
This decision is a setback for Casey and a boost for McCormick as both campaigns gear up for a statewide recount and influence ballot-counting outcomes while election workers process thousands of provisional ballots.
McCormick’s campaign labeled it a “massive setback” for Casey.
The Democratic-majority court reaffirmed its stance that these ballots should not be counted, a stance some Democratic-controlled counties reportedly challenged.
Gov. Josh Shapiro, a Democrat, noted that the legal ambiguity surrounding these ballots placed county officials in a precarious position, risking legal consequences regardless of their choice.
Both campaigns recently initiated fresh litigation, disputing the decisions of approximately a dozen counties on whether to include thousands of provisional ballots.
Casey’s campaign argues against discarding provisional ballots for minor errors, such as a polling worker’s oversight. Republicans assert that the law mandates their exclusion.
The Associated Press declared McCormick the winner last week, highlighting insufficient uncounted ballots in Casey-favored areas for a lead change.
As of Monday, McCormick led by approximately 17,000 votes of nearly 7 million, within the 0.5% margin for a mandatory statewide recount per Pennsylvania law.
Statewide, undated or incorrectly dated mail-in ballots could number in the thousands.
Last week, Republicans asked the court to prevent counties from counting these ballots, arguing it contradicts both recent court orders and state law requiring a date on the return envelope.
Democratic-majority boards in Montgomery, Philadelphia, and Bucks County chose to count undated ballots, arguing the date doesn’t impact voter eligibility or ballot authenticity.
Republicans insist the date is vital for ballot security.
Initially, Republicans sought to halt the count in Centre County but withdrew two protests, and a third challenge was dismissed for being late. Discrepancies included extra characters in date boxes and varying date formats.
The majority of counties, including Democrat-controlled ones, didn’t count these ballots.
Democrats have historically cast more mail-in ballots and support counting those deemed clerical errors under state law.
Various courts have ruled against the dating requirement, including the 3rd U.S. Circuit Court of Appeals, but higher courts reinstated it.
The state Supreme Court has delayed ruling on a case questioning the law’s compliance with constitutional voting rights.
McCormick, in a similar situation, sided with Democrats in a previous attempt to close a vote gap with Dr. Mehmet Oz in the Republican primary, arguing for voter enfranchisement over technicalities.
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