In a recent ruling, Pennsylvania's courts determined that mail-in ballots bearing faulty date provisions on their envelopes could be invalidated.
The state's highest court decided on procedural grounds, stating that a lower court with jurisdiction over only two counties (Philadelphia and Allegheny) shouldn't have heard the case, as it should have involved all 67 election-running counties in Pennsylvania. County administrations manage election operations in the state, yet only left-leaning groups filed lawsuits against just two counties.
Two weeks ago, the Commonwealth Court put a halt to requiring handwritten dates on outer envelopes. However, the Supreme Court's recent overturning of this decision may lead to the disposal of several thousand valid ballots in a crucial swing state during the anticipated tight presidential race.
In Pennsylvania, more Democrats than Republicans regularly vote by mail, and older electors have been more likely to have their mail-in ballots invalidated due to issues with envelope dates.
The case saw a 4-3 ruling, with two Democrats supporting both Republican justices to reverse the Commonwealth Court decision.
Three dissenting Democratic justices disagreed, advising that the high court should have reviewed the case. They argued "an urgent and decisive ruling on the constitutional issue raised is of utmost public importance as it will impact ballot counting in the impending general election."
Appealed in May, the lawsuit claimed the mandate violated a provision that all elections should be "free and equal" in the state constitution.
Based on past Pennsylvania elections, over 10,000 ballots in this year's general election could potentially be rejected due to envelope date issues, possibly impacting the presidential result. With 19 electoral votes, Pennsylvania is a significant contender among the seven swing states.
Pennsylvanians will also vote on whether to replace incumbent Democratic US Senator Bob Casey with Republican challenger Dave McCormick, as well as on 228 state legislative races and those for state treasurer, auditor general, and attorney general.
Attempts to solicit comments from the lawyers involved in the lawsuit were unsuccessful.
The ongoing political debate surrounding mail-in ballots in Pennsylvania is highlighted by the Supreme Court's recent decision, which may impact the counting of ballots in the tight presidential race. The lawsuit, appealing the mandate on handwritten envelope dates, argues for the preservation of free and equal elections in the state constitution.
