Pennsylvania Supreme Court Backs GOP In Mail-In Ballot Dispute

Applications to vote are available on a check-in table at a polling location where voters cast their ballots during Michigan’s early voting period on October 29, 2024 in Dearborn, Michigan.

The Pennsylvania Supreme Court has blocked an attempt to allow mail-in ballots without a handwritten date from being counted in the 2024 election.

The Friday decision reverses a previous Commonwealth Court ruling that had declared the requirement for a handwritten date on ballots unconstitutional. Following an appeal by the Pennsylvania GOP, the state Supreme Court’s ruling now ensures that undated mail-in ballots will not be counted in the upcoming election.

Justice Kevin Dougherty criticized the Commonwealth Court for its decision.

“‘This Court will neither impose nor countenance substantial alterations to existing laws and procedures during the pendency of an ongoing election.’ We said those carefully chosen words only weeks ago. Yet they apparently were not heard in the Commonwealth Court, the very court where the bulk of election litigation unfolds,” Dougherty wrote.

“Today’s order, which I join, rights the ship. And it sends a loud message to all courts in this Commonwealth: in declaring we would not countenance substantial alterations to existing laws and procedures during the pendency of an ongoing election, we said what we meant and meant what we said,” he continued.

Pennsylvania Republicans praised Friday’s ruling, claiming that Democrats have repeatedly attempted to undermine the requirement for a handwritten date on ballots.

State officials supporting the counting of undated ballots argue that this change would simplify the process for election workers. 

Prior to the court’s ruling, the Pennsylvania Department of State submitted a brief advocating for the change.

“The requirement that county boards set aside mail ballots with declaration-date errors — and particularly the requirement that they set aside mail ballot envelopes with ‘incorrect’ dates — imposed a significant burden on county boards. Election workers must manually review every ballot envelope to determine whether it has a ‘correct’ date,” the brief said, according to the Pennsylvania Capital-Star.

Friday’s decision marks the second time this month that the Pennsylvania Supreme Court has halted Democrat-supported attempts to remove the dating requirement.

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