Pennsylvania Judge Rules: Undated Ballots Valid
- A U.S. district judge, Susan Paradise Baxter, ruled that undated mail-in ballots in Pennsylvania should be counted if they are received on time, arguing that the handwritten date on the ballot envelope is immaterial in determining if the ballot was received on time or if the voter is eligible to vote.
- The ruling is in response to a suit filed by the Pennsylvania State Conference of the NAACP, League of Women, the Black Political Empowerment Project, and other groups challenging the date requirement on mail-in ballots. This comes after national and state Republicans consistently opposed efforts to allow undated mail-in ballots, following claims of election fraud by former President Trump.
- In the 2022 midterms, over 7,600 mail-in ballots in 12 counties were not counted due to either the lack of a date or incorrect date on the envelope. However, last November, the state Supreme Court ruled that Pennsylvania officials cannot count votes from mail-in or absentee ballots lacking accurate handwritten dates on the return envelope, though judges were split on whether enforcing the envelope dates under state law would violate federal civil rights law.
US Judge Rules Undated Mail-in Ballots in Pennsylvania Must Be Counted
According to a ruling by US District Judge Susan Paradise Baxter on Tuesday, undated mail-in ballots cast in Pennsylvania must still be counted. This decision holds potential ramifications for the 2024 election in the crucial battleground state. The ruling states that ballots without accurate handwritten dates should be accepted provided they are received on time.
Currently, Pennsylvania state law necessitates voters to date their ballot envelope, but Judge Baxter argued that this requirement is “immaterial” for determining whether the ballot was timely received or if the voter is eligible. The judge was quoted by The Associated Press.
Legal Challenge Against Date Requirement
A lawsuit against the date requirement was recently filed by the Pennsylvania State Conference of the NAACP and other organizations, marking the latest legal challenge. Republicans nationally and within the state have staunchly opposed the acceptance of undated mail-in ballots.
Protection under the Civil Rights Act of 1964
Baxter contended that rejecting undated ballots infringes on voters’ rights and contravenes provisions of the Civil Rights Act of 1964. The Act states that immaterial errors and omissions should not obstruct voting. The judge pointed out that election officials use time stamps to ascertain when ballots are returned, not the envelope’s date. Hence, the absence of a date on the envelope was deemed “not material” to determining when the ballot was received.
In the 2022 midterms, over 7,600 mail-in ballots in 12 counties were disregarded because the outer envelope lacked a date or included an incorrect one. These counties are among the several defendants in the lawsuit.
In contrast, last November’s state Supreme Court ruling determined that Pennsylvania officials can’t count votes from mail-in ballots that lack accurately dated return envelopes. However, the judges were split on whether this requirement violates federal civil rights law, the question that Baxter’s ruling addressed.
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