The redesigned mail-in ballot envelopes and instruction sheets in Pennsylvania now feature updated language aimed at helping voters better understand how to properly complete and return their ballots.
This change follows a legal battle concerning the requirement for voters to date their mail-in ballot envelopes, a topic that has sparked considerable debate.
In a decision on September 13, the Pennsylvania Supreme Court overturned a previous ruling from the Commonwealth Court made on August 30.
The lower court had ruled that the requirement for voters to date their ballot envelopes violated the state constitution.
The Supreme Court’s reversal, decided by a narrow 4–3 vote, focused on procedural issues rather than directly addressing the constitutional argument.
This means that the core question of whether the dating requirement violates voters’ rights may resurface in future court cases.
The dispute escalated when Republican challengers argued that the Commonwealth Court’s decision was flawed because it did not include all of Pennsylvania’s 67 counties.
The lawsuit, initially brought by the ACLU of Pennsylvania and the Public Interest Law Center on behalf of voting rights groups, was directed only at the Department of State and two counties: Allegheny and Philadelphia.
The Pennsylvania Supreme Court agreed with the Republicans, stating that the absence of all relevant county election boards made it impossible for the Commonwealth Court to fully assess the case.
According to election lawyer Adam Bonin, unless this decision is overturned in the future, Pennsylvania voters will still be required to date their mail-in ballot envelopes in order for their votes to be counted.
This ruling was seen as a significant win for those advocating for stricter election procedures, with Republicans praising the decision as a safeguard for election integrity.
Republican National Committee Chairman Michael Whatley celebrated the outcome, calling it a critical victory in making Pennsylvania’s mail voting system more secure.
On the other hand, Democrats expressed disappointment with the ruling. Pennsylvania Governor Josh Shapiro criticized the decision, arguing that minor dating errors on ballots should not invalidate otherwise valid votes.
He called for a more lenient interpretation of the law, especially when it comes to small mistakes by voters.
Despite the Pennsylvania Supreme Court’s focus on the procedural aspects of the case, dissenting justices, led by Justice David Wecht, argued that the constitutional issues should be revisited as soon as possible.
Voting rights groups, including the ACLU of Pennsylvania, have vowed to continue their efforts to push for a more flexible interpretation of the dating requirement.
The controversy over dating and signing mail-in ballots has persisted since the introduction of Act 77 in 2020, which expanded access to mail-in voting in Pennsylvania.
However, the law also imposed strict requirements, such as signatures and dates, which have led to a significant number of disqualified ballots in recent elections.
For example, in the April 2024 primary election, over 1% of returned ballots were rejected due to issues like missing dates or signatures.
As legal challenges continue in both state and federal courts, the debate over balancing election security with voter accessibility remains a hot topic in Pennsylvania.
With potential appeals and ongoing lawsuits, this issue is expected to be at the forefront of election law discussions leading into future elections.
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