The Pennsylvania Supreme Court has ruled that all mail-in ballots must be properly dated to be counted.
In a narrow 4-3 decision, the court overturned a recent Commonwealth Court ruling that prohibited election officials from discarding ballots with missing or incorrect dates, arguing that such actions violated the Free and Equal Elections clause of the Pennsylvania Constitution.
Exercising its rarely used “King’s Bench power,” the Supreme Court determined that the lower court “lacked subject matter jurisdiction to review the matter.” This ruling comes in the context of Act 77, the 2019 law that established no-excuse mail voting in Pennsylvania, which mandates that voters sign and date the outer return envelopes of their ballots.
During the April 2024 primary election, over 800,000 mail-in ballots were requested, with a significant majority—75%—from Democratic voters. However, approximately 16,000 of those ballots were disqualified due to irregularities, with about half of them lacking proper signatures or dates.
The Republican Party of Pennsylvania make remarks of support about the Supreme Court’s decision as a “huge” win for election integrity, emphasizing the need for clear guidelines to ensure the legitimacy of the voting process. Conversely, voting rights advocates, including the American Civil Liberties Union, view the ruling as a setback for voters, potentially complicating the voting process for many.
As Pennsylvania prepares for the 2024 presidential election, where its 19 electoral votes could play a pivotal role in determining not only the presidency but also control of the U.S. Senate, the implications of this ruling are significant.
In conjunction with this ruling, Secretary of the Commonwealth Al Schmidt certified the ballot for the 2024 general election on Monday, enabling counties to begin printing ballots for distribution. Most counties are targeting the first week of October to start mailing out ballots. Registered voters in Pennsylvania have until October 29 to request a mail ballot, and completed ballots must be returned to the county elections office by 8 p.m. on November 5.
