In a recent ruling, the Pennsylvania Supreme Court has decreed that the two largest counties in the state, Allegheny and Philadelphia, are not obligated to count mail-in ballots that bear incorrect dates or are devoid of dates on the outer envelope.
The decision was split, with a 4 to 3 majority, and the dissenting justices penned a separate opinion on the matter.
According to The Post Millennial, the court's order overturned a lower court's ruling that had previously mandated the counting of these ballots, despite the errors. The Supreme Court found that the lower court lacked jurisdiction in the case as it only pertained to Allegheny and Philadelphia Counties, excluding the remaining 65 counties in the state.
The court order stated, "AND NOW, this 13th day of September, 2024, the order of the Commonwealth Court is VACATED. The Commonwealth Court lacked subject matter jurisdiction to review the matter given the failure to name the county boards of elections of all 67 counties, and because the joinder of Al Schmidt, in his official capacity as Secretary of the Commonwealth, did not suffice to invoke the Commonwealth Courts original jurisdiction."
This ruling implies that in the forthcoming presidential election, officials will disregard any ballots that are either incorrectly dated or lack dates. The plaintiffs in the case, which include the Black Political Empowerment Project, Power Interfaith, Make the Road Pennsylvania, OnePA Activists, New PA Project Education Fund, Casa San Jose, Pittsburgh United, League of Women Voters of Pennsylvania, and Common Cause Pennsylvania, could potentially address the jurisdiction issue before the election.
A representative from the Pennsylvania Department of State expressed disappointment at the ruling, stating that it "leaves unanswered the important question of whether the dating requirement violates the Pennsylvania Constitution, as the Commonwealth Court found," as reported by The New York Times.
Pennsylvania, a key battleground state, is witnessing intense competition between the campaigns of Kamala Harris and Donald Trump. While Joe Biden secured the state in 2020, Texas attempted to sue Pennsylvania for alleged non-compliance with their own election laws. However, the Supreme Court declined to hear the case.
In the presidential primary held in April, 16,000 mail-in ballots were disqualified due to various irregularities, including missing signatures and incorrect or absent dates on the outer envelopes. In response to this, the secretary of state under Governor Josh Shapiro instructed county officials to print ballots with the year pre-printed on the outer envelopes, thereby requiring voters to only fill in the month and day of their vote. This ruling, however, leaves a cloud of uncertainty over the upcoming election and the validity of mail-in ballots.
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