PA Supreme Court issues potentially pivotal ruling on mail-in ballots

By 
 September 15, 2024

A recent judicial decision in a potentially critical swing state was released last week, generating optimism on the part of Republicans everywhere.

As The Hill reports, the Pennsylvania Supreme Court determined on Friday that mail-in ballots without accurate dates on their envelopes will be rejected and not included in the vote tally come November, an outcome that could ultimately aid the campaign of former President Donald Trump.

Pennsylvania high court issues reversal

The state high court's decision represents a reversal of a prior lower court ruling that found the date requirement unconstitutional.

Friday's outcome was rendered on procedural grounds, as Fox News notes, with the majority finding that the lower court lacked jurisdiction to decide the question because the case at issue did not involve all 67 counties in the Keystone State.

Rather, the liberal groups that filed suit on the issue referenced only Philadelphi and Allegheny counties in their complaint.

As such, according to the justices, the Commonwealth Court below did not have subject matter jurisdiction over the controversy, and its decision halting enforcement of a rule requiring dates on mail-in ballot envelopes was thus invalid.

Potential implications for November

As NBC News notes, the ramifications for the November presidential election stemming from Friday's ruling could be significant, given the state's status as a critical swing state that could tilt the outcome in favor of Republicans or Democrats.

Even if a seemingly small number of mailed-in ballots are rejected as a result of the 4-3 decision, the impact could prove determinative, given the extremely narrow margin -- 82,000 votes -- by which Trump lost to Joe Biden in 2020.

Give that Democrats have tended to make use of mail-in voting in larger numbers than Republicans in recent cycles, Kamala Harris may stand to suffer greater losses due to implementation of the rule than Trump would.

Reactions pour in

In the wake of the decision reactions flowed in from both sides of the aisle, with the Pennsylvania arm of the American Civil Liberties Union lamenting the outcome and characterizing misdated or undated mail-in ballots as “a common trivial error on the external envelopes.”

The organization's attorney, Steve Loney, stated, “Today's procedural ruling is a setback for Pennsylvania voters, but we will keep fighting for them. These eligible voters who got their ballots in on time should have their vote4s counted and voices heard.”

Loney went on, “The fundamental right to vote is among the most precious rights we enjoy as Pennsylvanians, and it should take more than a trivial paperwork error to take it away.”

Not surprisingly, Republican reaction to the decision was overwhelmingly positive, given the high stakes involved in Pennsylvania come Nov. 5.

“HUGE election integrity win in Pennsylvania,” said RNC chair Michael Whatley, though precisely how impactful the ruling will prove to be in less than two months' time is something that still remains to be seen.

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