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
Russia linked to arson attacks on properties connected to UK PM Keir Starmer, police say

Police Probe Russia Link in Arson Attacks on Properties Tied to UK PM Keir Starmer

British authorities on Monday disclosed fresh details about a string of arson…
Record-breaking daredevil who performed at Super Bowl with Madonna dies in BASE jumping tragedy

Record-Breaking Stunt Performer Who Appeared at Super Bowl With Madonna Dies in BASE Jumping Accident

A record-setting extreme athlete who once appeared with Madonna during the Super…
Jiffy Lube oil change issues: Chicago area drivers say bad oil changes caused thousands of dollars in damage

Chicago Drivers Blame Jiffy Lube Oil Changes for Costly Engine Damage

CHICAGO (WLS) — The I-Team continues to hear from drivers facing repair…
Yum! Brands sells struggling Pizza Hut in $2.7 billion deal

Yum! Brands Strikes $2.7 Billion Deal to Sell Struggling Pizza Hut Unit

Yum! Brands announced Tuesday that it has agreed to sell Pizza Hut…
Iran says the deal to end the war with the US requires Israel to withdraw from Lebanon

Iran Says Any US War-Ending Deal Hinges on Israel’s Withdrawal From Lebanon

DUBAI, United Arab Emirates — Fresh uncertainty is emerging over the still-unpublished…
Karmelo Anthony supporter reportedly fired as other backers face backlash over verdict remarks

Karmelo Anthony Backlash Grows as Supporter Is Reportedly Fired Over Verdict Comments

Texas judge defends barring cameras from Karmelo Anthony murder trial Judge John…
NYC elementary students make Broadway debut with a little magic from Disney Theatrical Group

NYC Elementary Students Make Broadway Debut With Support From Disney Theatrical Group

NEW YORK — Elementary school students got a chance to make their…
Mangione back in court after hearing earlier this month shrouded in secrecy

Luigi Mangione Returns to Court After Secretive Earlier Hearing: What We Know So Far

Luigi Mangione is due back in a New York courtroom Tuesday morning…
3 Brazilian men charged after woman tossed from bridge without safety rope

Three Brazilian Men Charged After Woman Thrown From Bridge Without Safety Rope

Three men could face criminal charges after a 21-year-old woman was killed…
SpaceX to buy AI coding assistant Cursor for $60 billion

SpaceX Eyes $60 Billion Acquisition of AI Coding Assistant Cursor in Landmark Tech Deal

Days after a blockbuster initial public offering, SpaceX announced Tuesday that it…
Chicago shooting: Bicyclist shot, killed in Grant Park, police say

Grant Park Shooting: Bicyclist Fatally Shot in Chicago, Police Investigate

CHICAGO (WLS) — A 27-year-old man was fatally shot early Tuesday while…
The Grammys add five new categories, adjust rules for 2027 Grammy Awards

2027 Grammys Add 5 New Categories and Update Key Award Rules

The Grammy Awards are expanding again, adding five new categories and revising…