PA Supreme Court Declines Immediate Ruling on Mail-In Ballot Issues

The Pennsylvania Supreme Court declined to decide on mail-in ballot issues, affecting early voting before Nov. 5.
mail-in ballot

Article Summary –

The Pennsylvania Supreme Court rejected requests to stop counties from discarding mail-in ballots lacking dates and to prevent voters from correcting errors. The court avoided altering election laws mid-election. Democrats argue discarding ballots violates rights, while Republicans see date requirements as safeguards. The court will review another GOP challenge on ballot rejections.


Pennsylvania Supreme Court Declines Immediate Ruling on Mail-In Ballots Amid Early Voting

HARRISBURG — As early voting progresses, the Pennsylvania Supreme Court has refused to make an immediate decision on contentious mail-in ballot issues before the Nov. 5 election. The court rejected a request by voting rights groups to halt counties from discarding mail-in ballots lacking a handwritten date or with an incorrect date on the return envelope, citing potential voter confusion close to the election.

The unsigned order stated, “This Court will neither impose nor countenance substantial alterations to existing laws and procedures during the pendency of an ongoing election.” Chief Justice Debra Todd dissented, highlighting the need for clarity for voters and officials before Election Day. She stated, “We ought to resolve this important constitutional question now, before ballots may be improperly rejected and voters disenfranchised.”

Justice P. Kevin Brobson concurred, criticizing the timing of the challenge, saying the delay in seeking judicial relief creates uncertainty. Many voters remain unaware of the requirement to sign and date mail-in ballots, leading to issues since Pennsylvania expanded mail-in voting in 2019.

Plaintiffs argue that a voter-written date is irrelevant for determining ballot validity, claiming rejection violates the state constitution. Although successful in a previous court case, it was dismissed by the state Supreme Court on a technicality. Democrats, including Gov. Josh Shapiro, support the plaintiffs, advocating for groups like the League of Women Voters of Pennsylvania.

Republicans assert that the date requirement is a necessary election safeguard and accuse Democrats of last-minute rule changes. The court also dismissed a GOP challenge to allowing voters to rectify mail-in ballot errors, noting the lack of initial litigation in lower courts.

However, the court agreed to hear another GOP challenge concerning a lower court decision mandating voter notification of rejected ballots and provisional voting on Election Day. The Pennsylvania court, with its partisan composition, plays a crucial role in resolving election disputes, reminiscent of its involvement in the 2020 presidential election.

Mail-in voting issues remain highly partisan, with Democrats casting the majority of mail-in ballots in Pennsylvania. Both parties attribute this divide to former President Donald Trump’s unfounded claims of mail-in voting fraud.

Are you ready to vote? Make sure to check your voter registration status, see who’s on your ballot, and make a voting plan here.


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