Pennsylvania’s Supreme Court orders counties to reject undated mail-in ballots, potentially impacting the Senate race recount between McCormick and Casey.
At a Glance
- Pennsylvania Supreme Court ruled 4-3 against counting undated and misdated mail-in ballots
- Order specifically targets Philadelphia, Montgomery, and Bucks counties that defied previous rulings
- Decision impacts ongoing Senate race recount between Republican McCormick and Democrat Casey
- Recount results expected by November 27
Supreme Court Rejects Disputed Mail Ballots
In a decisive 4-3 ruling, the Pennsylvania Supreme Court has ordered all 67 counties to reject undated and misdated mail-in ballots. This decision directly impacts the ongoing Senate race recount between Republican David McCormick and Democrat Bob Casey. The court’s order specifically targets Philadelphia, Montgomery, and Bucks counties, which had continued counting these disputed ballots despite previous rulings against the practice.
The court’s ruling carries significant weight for Pennsylvania’s election integrity and could influence the outcome of the Senate race recount, scheduled to conclude by November 27. Using its King’s Bench authority, the Supreme Court excluded misdated and undated ballots, emphasizing strict adherence to Pennsylvania’s election code requirements.
Pennsylvania Supreme Court rebukes Democratic election officials who counted undated mail ballots https://t.co/8WkOuafgCM
— The Hill (@thehill) November 18, 2024
Justices Emphasize Compliance with Court Orders
Justice David Wecht, in a concurring opinion, stressed the importance of following court orders. He stated, “It is critical to the rule of law that individual counties and municipalities and their elected and appointed officials, like any other parties, obey orders of this Court.” This sentiment was echoed by other justices who criticized election officials for counting ballots with date issues.
“I write separately to disabuse local elections officials of the notion that they have the authority to ignore Election Code provisions that they believe are unconstitutional” – Justice Kevin Brobson, joined by Wecht and Mundy
The ruling maintains strict adherence to Pennsylvania’s election code requirements, with three justices specifically criticizing election officials for counting disputed ballots. They emphasized that only courts have the authority to declare statutes unconstitutional.
Impact on Senate Race and Political Reactions
The decision is particularly significant as Pennsylvania’s Senate race heads to an automatic recount, with Republican David McCormick currently in the lead. The Republican National Committee (RNC) successfully challenged the ballot counting practices, leading to this ruling.
“No more excuses. Election officials in Bucks, Montgomery, Philadelphia, and other counties have absolutely no choice but to reject illegal ballots. We will hold them to it” – Republican National Committee chair Michael Whatley
On the other side, Philadelphia City Commissioner Lisa Deeley expressed disappointment over the court’s decision, citing concerns about voter disenfranchisement. The ruling contradicts an earlier Commonwealth Court opinion from a September special election, highlighting the ongoing legal complexities surrounding mail-in voting in Pennsylvania.
Pennsylvania’s Supreme Court ordered counties not to count mail-in ballots that lack a correct handwritten date on the return envelope as the vote counting continues in the Senate election between Bob Casey and David McCormick. https://t.co/DvrNIzTokS
— CBS Philadelphia (@CBSPhiladelphia) November 18, 2024
Looking Ahead
As the recount continues, with results expected by November 27, this ruling sets a precedent for future elections in Pennsylvania. It underscores the importance of following proper procedures when submitting mail-in ballots and reinforces the authority of the state’s highest court in election matters. The decision also highlights the ongoing debate between election integrity and voter accessibility, a topic likely to remain at the forefront of Pennsylvania’s political discourse.
Sources:
- Pennsylvania Supreme Court rebukes Democratic election officials who counted undated mail ballots
- Court to Pa. counties: Stop counting misdated mail-in ballots, again
- Pennsylvania Supreme Court Orders Counties Not to Count Undated Ballots
