OUTRAGEOUS! Pennsylvania Court Forces Counties to Validate Ballots Despite Missing or Incorrect Dates on Return Envelopes
The Pennsylvania Commonwealth Court has issued a 4-1 ruling that blocks the enforcement of a crucial law requiring election officials to reject mail-in ballots with missing or incorrect handwritten dates on their outer return envelopes.
The case, brought forward by a coalition of organizations including the Black Political Empowerment Project, the League of Women Voters of Pennsylvania, and Common Cause Pennsylvania, challenged the legality of rejecting mail-in ballots solely based on the absence or inaccuracy of the handwritten date on the return envelope.
Judge Ellen Ceisler, writing for the court, said that the right to vote is a fundamental constitutional guarantee, and any restrictions placed upon this right must withstand strict scrutiny.
“The date on the outer mail-in ballot envelopes is not used to determine the timeliness of a ballot, a voter’s qualifications/eligibility to vote, or fraud. Therefore, the dating provisions serve no compelling government interest,” the court stated in its opinion.
“The refusal to count undated or incorrectly dated but timely mail ballots submitted by otherwise eligible voters because of meaningless and inconsequential paperwork errors violates the fundamental right to vote recognized in the free and equal elections clause.”
The ruling effectively nullifies the practice of disqualifying ballots due to these dating errors.
“Based on our reasoning set forth above, we declare that strict enforcement of the dating provisions to reject timely submitted but undated or incorrectly dated absentee and mail-in ballots is unconstitutional under the free and equal elections clause and enjoin their strict enforcement to prevent against further disenfranchisement.”
The Republican National Committee (RNC) has rightly condemned this decision as an example of “the worst kind of judicial activism.”
Claire Zunk, RNC Election Integrity Communications Director, emphasized that courts should not undermine election confidence and integrity by striking down laws designed to protect voters.
“Mail ballot safeguards help make sure votes are cast and counted properly for all legal voters,” Zunk said in a statement.
“The Pennsylvania Supreme Court and US Court of Appeals for the Third Circuit have both upheld Pennsylvania’s dated ballot requirement. But Democrats have nevertheless continued their effort to strike down this law by filing yet another lawsuit.
“Today’s decision striking down the dated ballot requirement was an example of the worst kind of judicial activism. Courts should not undermine election confidence and integrity by striking down commonsense election laws enacted by the people’s representatives. We will continue to defend the law and Pennsylvania voters, and intend to appeal this decision immediately.”
The Pennsylvania Supreme Court’s recent announcement to expedite appeals for 2024 election cases leaves the RNC with just three days to file a notice of appeal.
