Pennsylvania appeals court rules against GOP in mail-in ballot case

By 
 October 31, 2024

This year has seen Republicans pay significant attention to the critical swing state of Pennsylvania and its 19 Electoral College votes.

However, the GOP was dealt a defeat there this week after an appeals court ruled against it in an election case. 

Court rules that mail-in envelope dating requirement is unconstitutional

According to the Washington Examiner, that development came on Wednesday with a three to two ruling by the Commonwealth Court of Pennsylvania.

At issue is the legal requirement for Pennsylvanians who vote by mail to date their ballot envelopes, something the court found to be unconstitutional.

In its opinion, the majority said that this rule “resulted in the arbitrary and baseless rejection of thousands of timely ballots, resulting in disenfranchisement in violation of the free and equal elections clause."

The three judges rejected arguments put forward by the Republican National Committee as well as  the Republican Party of Pennsylvania.

Dissenting judges warn that ruling will create confusion on Election Day

For their part, the two dissenters complained that Wednesday's ruling "changes voting rules after thousands, if not millions, of ballots already have been completed and cast by Pennsylvania voters."

"What happens to the ballots already cast with undated or misdated declarations? Are they now valid?" Judge Patricia McCullough asked.

"What do county boards of elections do with replacement mail ballots that have been cast with corrected or filled-in declaration dates? Are the replacement ballots counted, are the original, defective ballots counted, or both?" she continued.

For his part, Judge Matthew Wolf expressed a fear that there would be little opportunity for redresses given how close Election Day is.

"But this Court, an intermediate appellate court, will most likely not be the last to speak on the issue, and the timing of this intermediate appellate Court’s decision puts the Pennsylvania Supreme Court in a near-impossible position," Wolf wrote.

Trump campaign succeeds in getting early vote extension for Bucks County

Meanwhile, Wednesday also saw Republicans score a legal victory when a Pennsylvania judge granted a request for extended in-person voting in Bucks County.

Fox 29 reported that Judge Jeffrey Trauger issued a one-page order that gave a new Friday deadline for those wishing to apply for an early mail ballot.

His decision came in response to a suit filed by the Trump campaign after voters complained of being turned away from the local election office.

" A free people [claim] their rights, as derived from the laws of nature."
Thomas Jefferson