The state of Pennsylvania has been officially blocked from counting undated mail-in ballots during elections.
On Wednesday the Third U.S. Circuit Court of Appeals ruled that only dated ballots can be counted.
The ruling is a major blow for Democrats who frequently use the tactic of counting undated ballots to boost their candidates’ totals after Election Day.
“Democrats were fighting so that every ballot that showed up would count,” according to George Behizy.
“This ruling stops that insanity.”
BREAKING: The 3rd U.S. Circuit Court of Appeals has ruled that mail-in ballots with no dates can't be counted by Pennsylvania election officials
Democrats were fighting so that every ballot that showed up would count… this ruling stops that insanity pic.twitter.com/7I49zyCzZw
— George (@BehizyTweets) March 28, 2024
A federal appeals panel has set up a potential U.S. Supreme Court battle about Pennsylvania’s mail-in ballots, according to NPR.
The rules regarding which ballots are counted could play a role in determining who wins this year’s presidential election and other races in the key swing state.
A three-judge panel of the appeals court ruled that mail-in ballots that arrive on time but in envelopes without dates handwritten by Pennsylvania voters or with incorrect dates should not be counted.
Their 2-1 decision strikes down a lower court ruling.
Entire rulinghttps://t.co/Db1mJ7QvBd
— George (@BehizyTweets) March 28, 2024
The main legal issue surrounding “undated ballots” is whether or not tallying them violates the Civil Rights Act of 1964.
The law states that a person’s right to vote cannot be denied for “an error or omission” that is “not material” in determining voting eligibility.
A current, handwritten date on the return envelope is required by Pennsylvania state law.
However, that date is not used to confirm if a person is eligible to vote.
For past elections, the final vote tallies by county election officials have included ballots arriving in undated or misdated return envelopes.
In the panel’s majority opinion, 3rd U.S. Circuit Judge Thomas Ambro said that what’s known in legal circles as the materiality provision “only applies when the State is determining who may vote.”
“In other words, its role stops at the door of the voting place,” wrote Ambro, an appointee of former President Bill Clinton.
Ambro was joined by Circuit Judge Cindy Chung, a Biden appointee.
“The Provision does not apply to rules, like the date requirement, that govern how a qualified voter must cast his ballot for it to be counted,” Ambro added.
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