PHILADELPHIA (KYW Newsradio) — A group of Republicans is once again asking the Pennsylvania Supreme Court to weigh in on undated mail-in ballots.
The suit comes from a group that includes state lawmakers, the RNC and the Pa. GOP. It asks the state’s Supreme Court to block the counting of mail-in ballots that don’t have a hand-written date on the outside envelope - or at least order the ballots be kept separate.
The status of undated envelopes has been an issue since Pennsylvania first allowed no-excuse mail-in ballots in 2020.
The latest twist comes as the U.S. Supreme Court vacated a lower federal court ruling that determined not counting ballots because of a missing date was a violation of federal voting rights laws.
But the Pennsylvania Department of State says that the U.S. Supreme Court ruling was procedural and not on the merits of the case. Acting Secretary of State Leigh Chapman says every county is still expected to count undated ballots in the upcoming election.
Republicans argue state law clearly says voters must put a date on the ballot envelope or it won’t be counted.
Opponents say the ballots have to be returned by a set deadline, so the date written on the envelope is meaningless.
Republican leaders in the Pennsylvania House sent Secretary Chapman a letter last week asking undated ballots be kept separate during the count. They say the issue is likely to end up back in court after the election.
If it sounds confusing, that’s because it is. The lawsuit points out that, while the Pennsylvania Department of State is telling county elections offices to count undated mail in ballots, the department’s website tells voters if they don’t write the date on the envelope, their vote won’t be counted.
They also say about 1.2 million ballots have been requested, with applications from registered Democrats outnumbering Republicans 4-1.
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