Pennsylvania high court declines to decide mail-in ballot issues before election
Source: AP
Updated 1:01 PM EDT, October 6, 2024
HARRISBURG, Pa. (AP) The Pennsylvania Supreme Court has declined to step in and immediately decide issues related to mail-in ballots in the commonwealth with early voting already under way in the few weeks before the Nov. 5 election.
The commonwealths highest court on Saturday night rejected a request by voting rights and left-leaning groups to stop counties from throwing out mail-in ballots that lack a handwritten date or have an incorrect date on the return envelope, citing earlier rulings pointing to the risk of confusing voters so close to the election.
This Court will neither impose nor countenance substantial alterations to existing laws and procedures during the pendency of an ongoing election, the unsigned order said. Chief Justice Debra Todd dissented, saying voters, election officials and courts needed clarity on the issue before Election Day. We ought to resolve this important constitutional question now, before ballots may be improperly rejected and voters disenfranchised, Todd wrote.
Justice P. Kevin Brobson, however, said in a concurring opinion that the groups waited more than a year after an earlier high court ruling to bring their challenge, and it was an all-too-common practice of litigants who postpone seeking judicial relief on election-related matters until the election is underway that creates uncertainty.
Read more: https://apnews.com/article/pennsylvania-mail-ballots-date-court-d48eae420e88232eac0064f6ee3902bd
ananda
(30,813 posts)Will a lot of mail-in ballots be thrown out
because of this?
BumRushDaShow
(142,227 posts)and in our case in Philly, actually redesigned the envelope so you can't miss where to sign and even where to put the date (with the year already pre-filled out)!
We did run into an issue here in Philly when they started sending the ballots out, where due to about a week or so of overcast/drizzling weather, some people were receiving mail ballots that had ballot envelopes (both the secrecy one and mailing one) that ended up "sealed" due to the moisture. They have told those who experienced that to bring their ballot packet to a satellite office to get a replacement (the city has been opening what will be "permanent" election offices, one per Councilmanic District, to make it easier).
This issue has been in some sort of litigation since 2020, with the most recent argument being that a date has no real value to the casting of the vote as the ballots are postmarked when mailed or probably date/time-stamped when turned into an election office.
ananda
(30,813 posts)It sounds like y'all have gone out of your way to make
it easy and foolproof, and you have a good governor.
Anyway, thank you for all that you are doing!
BumRushDaShow
(142,227 posts)so a minimum of 9 elections ,plus a bunch of Counties/municipalities across the state have had special elections added in there too, so I think we are okay. Most people STILL vote "in person" on election day (mail ballots have been running about 1/3rd of the total votes cast since 2020, where 2020 was a bit higher due to the pandemic and a lack of polling places).
The one main PITA is that the GOP here have been blocking the ability to "pre-canvass" (remove ballots from envelopes and stack them for feeding into the scanners) until literally election day when the polls open at 7 am. So the final votes for this election won't be known until a few days after election day.
kansasobama
(1,493 posts)We Dems cannot rely on Courts to protect us against MAGA. One reason, I prefer early in person voting.
Hassin Bin Sober
(26,691 posts)
they still are allowing votes to be tossed on an irrelevant technicality.
A ruling on this wouldnt change where, how, and when people cast their ballots so why is a ruling on this issue disruptive to the process?
BumRushDaShow
(142,227 posts)where the District Court ruled the dates as irrelevant - https://www.aclu.org/press-releases/federal-court-rules-pennsylvania-mail-ballots-without-a-handwritten-date-on-the-outer-envelope-must-be-counted
But the appeals court (3rd Circuit) overturned that - https://whyy.org/articles/election-2024-pennsylvania-mail-ballots-undated-appeals-court-ruling/
So there is a lot going on that is really gumming up the works.
We need to take the state Senate back and hold the state House so we can fix Act-77.