Pennsylvania Supreme Court: incorrectly dated mail-in ballots will not count in 2024 election
The Pennsylvania Supreme Court on Friday ruled that undated or misdated ballots cast in the key battleground state will not count for this November’s election.
The decision has widely been hailed as a significant victory for proponents of increased election integrity. Observers also consider it a boost to Republican nominee Donald Trump’s chances of carrying Pennsylvania, a state critical to his chances of winning back the presidency in November.
The Pennsylvania Capital-Star reported that the 4-3 state Supreme Court ruling “threw out a lower court’s decision finding the requirement for voters to write the date on mail-in ballots to have them counted unconstitutional.”
“In a two-page order, the state’s highest court said the lower Commonwealth Court lacked jurisdiction to hear a challenge of the dating provision by voters’ rights groups,” the Capital-Star added.
The state Supreme Court’s order stated:
The Commonwealth Court lacked subject matter jurisdiction to review the matter given the failure to name the county board of elections of all 67 counties, and because the joinder of Al Schmidt, in his official capacity of Secretary of the Commonwealth, did not suffice to invoke the Commonwealth Court’s original jurisdiction
Although Schmidt is a registered Republican, he was appointed to his office by Democratic Gov. Josh Shapiro, a runner-up to become Democratic nominee Kamala Harris’ running mate in the 2024 presidential election.
As Pennsylvania Secretary of the Commonwealth, Schmidt oversees Pennsylvania’s elections. His office is equivalent to that of the Secretary of State in most other states.
Votebeat, a news source that specializes in covering elections, noted that a potential challenge is more likely to arise due to the fact that the “[Pennsylvania] Supreme Court ruled on jurisdictional grounds, not on the merits of the underlying claim.”
The New York Times reported: “The plaintiffs could file a new lawsuit that addresses the jurisdiction issue, but whether they will do so is unclear.”
Of the seven justices on Pennsylvania’s Supreme Court, five are Democrats and two are Republicans. One of the Republican justices was appointed by former Democratic Gov. Tom Wolf.
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