The Pennsylvania Supreme Court will once again consider one of the most contentious issues in state election law: whether your vote should count if you don’t put a date on your absentee ballot.
The state Supreme Court announced Friday that it will take up a Philadelphia case centering on the issue, raising hopes that the court will finally clarify whether or not thousands of votes cast in each election should be counted in the future.
Undated ballots have been a major point of election controversy since the Pennsylvania General Assembly first introduced no-excuse absentee voting in 2019, and the issue became particularly explosive during last year’s election when, following a recount of votes in that Senate election, state Democratic county commissioners voted to count votes in violation of a court order.
The ballots were ultimately not counted following another court order, but that would not have changed the outcome of the Senate race in which Republican Sen. Dave McCormick ousted Democratic incumbent Bob Casey in a close fight.
Although this issue has been frequently considered over the past five years, the Pennsylvania Supreme Court has never directly considered its merits.
“I am pleased that the Supreme Court will take up this case,” said Omar Sabir, chairman of the Philadelphia City Commissioners, who oversees elections in the city. “This is a step closer to transparency for the citizens of Philadelphia.”
The Supreme Court will now decide whether the Pennsylvania Commonwealth Court made the right decision in November when it found that Philadelphia violated voter rights by rejecting undated ballots in a special election. This ruling, which came just days before the November elections, could not enter into force in the crucial elections.
The Republican National Committee quickly appealed the blanket ruling, even though its effects will be delayed until after the election. The court considered the complaint on Friday.
Under current law, voters must sign and date the outer envelope of their absentee ballot for the ballot to be counted. Democrats have long argued that the rule is arbitrary because election offices do not use a date and instead rely on postmarks.
Republicans, however, argue that the court must respect the legislature’s intent and have continually fought to keep that requirement intact.
“Election laws should be changed through the legislative process, not the courts,” said Linda Kerns, a lawyer representing the RNC.
