Court rules accurate date, signature required on PA mail-in ballots

[LAUREN TAYLOR]

IN PENNSYLVANIA, A 3-JUDGE PANEL FOR THE 3RD CIRCUIT COURT OF APPEALS RULES:

MAIL-IN BALLOTS IN MUST HAVE ACCURATE DATES ON THE ENVELOPE.

DURING THE 2022 MIDTERM ELECTION, MORE THAN 10,000 BALLOTS IN PENNSYLVANIA WERE THROWN OUT BECAUSE THEY HAD MISSING OR INACCURATE DATES ON THE ENVELOPE.

ACCORDING TO PENNSYLVANIA STATE LAW – VOTERS ARE REQUIRED TO “FILL OUT, DATE AND SIGN THE DECLARATION PRINTED ON ENVELOPE” BEFORE TURNING IN THEIR BALLOT.

ADVOCACY GROUPS SUED ARGUING – THAT TOSSING BALLOTS WAS IN VIOLATION OF THE FEDERAL CIVIL RIGHTS ACT OF 1964 – BECAUSE THE LAW CONTAINS A “MATERIALITY PROVISION” WHICH BANS DENYING “THE RIGHT OF ANY INDIVIDUAL TO VOTE IN ANY ELECTION BECAUSE OF AN ERROR OR OMISSION ON ANY RECORD OR PAPER RELATING TO ANY APPLICATION, REGISTRATION, OR OTHER ACT REQUISITE TO VOTING…”

LAST YEAR – A LOWER COURT JUDGE SIDED WITH THE ADVOCACY GROUPS AND SAID THE STATE REQUIREMENT VIOLATED THE CIVIL RIGHTS ACT.

 THE REPUBLICAN NATIONAL COMMITTEE APPEALED AND THE 3RD CIRCUIT COURT OF APPEALS CAME DOWN WITH THE DECISION WEDNESDAY.

IN THE COURT’S OPINION, U.S. CIRCUIT COURT JUDGE THOMAS AMBRO, A CLINTON APPOINTEE, SAID THE MATERIALITY PROVISION “ONLY APPLIES WHEN THE STATE IS DETERMINING WHO MAY VOTE” HE WROTE.

AND THAT “THE SUPREME COURT OF PENNSYLVANIA RULED THAT DATING THE ENVELOPE IS MANDATORY, AND UNDATED OR MISDATED BALLOTS ARE INVALID UNDER ITS STATE LAW AND MUST BE SET ASIDE.”

U.S. CIRCUIT JUDGE PATTY SCHWARTZ DISSENTED SAYING – THE RULE WOULD ALLOW THE STATE TO “TOSS A BALLOT CAST BY A QUALIFIED VOTER BASED UPON MISTAKES ON REQUIRED PAPERWORK IMMATERIAL TO DETERMINING VOTER QUALIFICATIONS.”

IT’S UNCLEAR IF THE ADVOCACY GROUPS WILL APPEAL THE DECISION BEFORE THE 2024 PRESIDENTIAL ELECTION.

“IF THIS RULING STANDS, THOUSANDS OF PENNSYLVANIA VOTERS COULD LOSE THEIR VOTE OVER A MEANINGLESS PAPERWORK ERROR,” SAID MIKE LEE, EXECUTIVE DIRECTOR OF THE ACLU OF PENNSYLVANIA.