Undated and Misdated Mail-in Ballots Won’t Be Counted, Per Pennsylvania Supreme Court

By Rachel Selzer

In a 4-3 order issued today, the Pennsylvania Supreme Court vacated a Commonwealth Court decision that would have required counties in the battleground state to count mail-in ballots with missing or incorrect handwritten dates on their outer return envelopes.

According to the ruling, which stands to put thousands of voters at risk of disenfranchisement this November, the Commonwealth Court lacked jurisdiction over the matter since the plaintiffs failed to name all 67 Pennsylvania Counties as defendants to the lawsuit.  

The court’s move injects profound uncertainty into the upcoming Nov. 5 election in a state that is consequential to winning the presidential election.

Three justices dissented, noting that “[a] prompt and definitive ruling on the constitutional question presented in this appeal is of paramount public importance inasmuch as it will affect the counting of ballots in the upcoming general election.”

Today’s decision follows an Aug. 30 decision from the Commonwealth Court concluding that the strict enforcement of Pennylsvania’s handwritten date requirement does not violate the fundamental right to vote guaranteed by the state constitution’s Free and Equal Elections Clause.

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