Judge says Pennsylvania mail-in ballots should still count if dated incorrectly

Mail-in ballots in Pennsylvania without accurate handwritten dates on their exterior envelopes must still be counted if they are received in time, a judge ruled Tuesday, concluding that rejecting such ballots violates federal civil rights law.

The decision has implications for the 2024 presidential election in a key battleground state where Democrats have been far more likely to vote by mail than Republicans.

In the latest lawsuit filed over a 2019 state voting law, U.S. District Judge Susan Paradise Baxter ruled that county boards of election may no longer reject mail ballots that lack accurate, handwritten dates on their return envelopes. Baxter said the date — which is required by state law — is irrelevant in helping elections officials decide whether the ballot was received in time or whether the voter is qualified to cast a ballot.

The GOP has repeatedly fought in court to get such ballots thrown out, part of a campaign to invalidate mail-in ballots and mail-in voting in Pennsylvania after then-President Donald Trump baselessly claimed in 2020 that mail balloting was rife with fraud.

The judge, a Trump appointee, sided with several Pennsylvania groups represented by the American Civil Liberties Union, which argued that refusing to count such ballots “because of a trivial paperwork error” disenfranchises voters and violates provisions of the U.S. Civil Rights Act of 1964, which states that immaterial errors or omissions should not be used to prevent voting.

The suit was filed by state chapters of the NAACP, League of Women Voters, Common Cause, the Black Political Empowerment Project and other groups.

“Throwing out valid votes because of a minor paperwork error is undemocratic and illegal,” Ari Savitzky, senior staff attorney with the ACLU’s Voting Rights Project, said in a written statement Tuesday. “This ruling ensures that Pennsylvanians who vote by mail, including senior citizens and voters with disabilities, will not face disenfranchisement because of a trivial mistake in handwriting an irrelevant date on the outer return envelope.”

The Civil Rights Act of 1964 forbids states from denying the right to vote “because of an error or omission on any record or paper” if the error is irrelevant in determining whether the person is qualified to vote in the election.

In Pennsylvania’s case, elections officials do not use the date on the outer envelope to determine whether the vote should be counted, the judge said.

“The important date for casting the ballot is the date the ballot is received. Here, the date on the outside envelope was not used by any of the county boards to determine when a voter’s mail ballot was received in the November 2022 election,” Baxter wrote.

In that election, more than 7,600 mail ballots in 12 counties were tossed because the outer envelope lacked a date or had an incorrect date, according to the decision. Those counties were among the defendants in the suit.

The Pennsylvania Department of State under Democratic Gov. Josh Shapiro, which oversees elections statewide, said in a statement that it is reviewing the court’s decision, “but we are pleased with the result.”

The status of ballots without properly dated envelopes has been repeatedly litigated since the use of mail-in voting greatly expanded in Pennsylvania under a state law passed in 2019.

In November 2022, the state Supreme Court unanimously barred officials from counting such votes, directing county boards of elections to “segregate and preserve” those ballots. But the justices were split over whether making the envelope dates mandatory under state law would violate provisions of federal civil rights law — the issue at play in Tuesday’s federal court ruling.

The Department of State has said the state court decision to bar mail-in ballots without accurate handwritten dates resulted in otherwise valid votes being thrown out. The agency said more than 16,000 mail-in ballots in the 2022 midterm election were disqualified by county officials because they lacked secrecy envelopes or proper signatures or dates.

Democratic voters made up more than two-thirds of the total cancelled ballots.

The 3rd U.S. Circuit Court of Appeals ruled in May 2022 that the dates are not mandatory, but the U.S. Supreme Court then deemed that decision moot, prompting the lawsuit that was decided Tuesday.

National and state Republican committees argued the date requirement is useful in detecting fraud and that the materiality provision of the Civil Rights Act was inapplicable. An email message was sent to the GOP’s lawyers seeking comment on Tuesday’s decision.

Leave a Reply

Your email address will not be published. Required fields are marked *

You May Also Like

Putin's war machine tied to troubling recruitment of young women as new deals emerge

Putin’s War Machine Linked to Alarming Recruitment of Young Women

Ghana and the Democratic Republic of the Congo have signed new agreements…
UPS cargo plane collides with commercial airliner at Miami airport

UPS Cargo Plane Collides With Commercial Airliner at Miami Airport

A cargo aircraft struck a passenger jet while taxiing at Miami International…
Chinese fraudster in viral video sentenced for $27M elderly scam

Chinese Fraudster in Viral Video Sentenced Over $27M Elderly Scam

A Chinese national who helped steal $27 million from roughly 2,000 elderly…
Sen. Bill Cassidy slams RFK Jr. for

Sen. Bill Cassidy Slams RFK Jr. in New Criticism

Washington — Louisiana Republican Sen. Bill Cassidy on Sunday sharply criticized Health…
Sean Duffy reveals when airport travel delays should finally end after FAA's nationwide ground stop

US Transportation Secretary Sean Duffy: When FAA Delays May End

Transportation Secretary Sean Duffy said Sunday that the nationwide air travel disruption…
Deer seen rock-rocking on NYC's Rockaway Beach in middle of mating season

Deer Spotted Rock-Rocking on Rockaway Beach During Mating Season

This beach visitor certainly wasn’t afraid to make waves. A white-tailed deer…
Harvard scientist pushes back on NASA chief over mystery space object: 'It's not an asteroid'

Harvard Scientist Disputes NASA Chief’s Asteroid Assessment of Mystery Space Object

A Harvard astrophysicist who proposed that a puzzling object racing through the…
Fetterman admits he can't find 'common ground' about Israel with far-left

Fetterman Says He Can’t Find Common Ground With the Far Left on Israel

Sen. John Fetterman, D-Pa., told Fox News on Saturday that he no…
Dem Rep.-elect Hamawy Dodges on if Israel Has Right to Exist, Defends Moral Equivalence Between U.S., Iran

Dem Rep-elect Hamawy Evades Israel’s Right to Exist, Equates U.S., Iran

In an interview with “NJ PBS News,” Rep.-elect Adam Hamawy (D-N.J.) was…
Iran vows ‘we will find you’ to 2 US Navy officers the day warship returns from Middle East

Iran Threatens 2 US Navy Officers After Middle East Deployment

Iran’s embassy in South Africa issued a direct online threat against two…
A timeline of Trump administration's response to FAA ground stop

Timeline: Trump Administration’s Response to the FAA Ground Stop

President Trump was briefed within 30 minutes of the Federal Aviation Administration…
Nationwide FAA ground stop updates: US air travel disruption causes Chicago Midway, O'Hare flight delays, cancellations

Nationwide FAA Ground Stop Disrupts US Air Travel, Delaying and Canceling Flights at Chicago Midway and O’Hare

CHICAGO () — Hundreds of additional flights were canceled at Chicago airports…