A federal appeals court in Pennsylvania has made a pivotal decision that mail-in ballots lacking precise handwritten dates on their external envelopes will not be considered valid. This decision is poised to significantly influence the electoral outcomes in this crucial swing state.
The verdict, delivered by a 2-1 margin by the U.S. Court of Appeals for the Third Circuit on Wednesday, reverses a prior ruling from November by a lower court. The previous judgment had allowed for the counting of mail-in ballots even in the absence of proper dating, provided they were submitted punctually. The lower court had argued that minor clerical errors should not disenfranchise voters, invoking the Materiality Provision of the U.S. Civil Rights Act of 1964, which mandates that insignificant mistakes or omissions should not obstruct the voting process.
Judge Thomas Ambro, writing for the majority in the appeals court, clarified that Pennsylvania’s law, enacted by the state legislature, necessitates mail-in voters to inscribe the date on their envelopes for their votes to be counted. Ambro emphasized, “The Supreme Court of Pennsylvania unanimously held this ballot-casting rule is mandatory; thus, failure to comply renders a ballot invalid under Pennsylvania law.”
He further noted that the Materiality Provision “only applies when the State is determining who may vote,” referring to the stipulation that Pennsylvania voters must “fill out, date and sign the declaration printed on [the] envelope” as per the 2019 state law.
The use of mail-in ballots has been a topic of considerable debate. Proponents argue that it facilitates voting for everyone, including the elderly and those with disabilities. However, some Republicans have raised concerns about the integrity of this voting method. 45th President Donald Trump has been particularly vocal, labeling the system as “totally corrupt” and partially attributing his 2020 election loss to it. In Pennsylvania, Democratic voters have historically been more inclined to utilize mail-in voting compared to their Republican counterparts.
Following the appeals court ruling, Michael Whatley, Chair of the Republican National Committee, hailed the decision as a significant win for election integrity and voter confidence, both within Pennsylvania and across the nation. He criticized what he viewed as “unlawful left-wing attempts to count undated or incorrectly dated mail ballots.”
Conversely, the American Civil Liberties Union of Pennsylvania expressed disappointment, foreseeing that this ruling would lead to many voters being disenfranchised over minor errors. Mike Lee, the executive director of the ACLU in Pennsylvania, lamented the potential loss of votes due to what he termed “a meaningless paperwork error.” He highlighted that the affected ballots were from eligible voters who adhered to the submission deadline, emphasizing the importance of the Civil Rights Act in preventing states from setting up unnecessary voting barriers.
The impact of this ruling was evident in the 2022 midterms, where over 7,600 mailed ballots across 12 counties were discarded due to the absence or incorrectness of dates on their outer envelopes, underscoring the ruling’s significant implications for future elections.
Honesty and integrity are most essential to good relationships and trust in the election process! Also important in all relationships.