WASHINGTON, D.C. — Mail-in ballots that are missing a date or have an incorrect date will not be counted in Pennsylvania due to a 2-1 opinion issued earlier today by the 3rd U.S. Circuit Court of Appeals. This decision comes out of a case brought by nonpartisan organizations challenging a Pennsylvania regulation that requires counties to reject mail-in ballots that either are missing a date on the outer return envelope or have an “incorrect” date (such as a voter’s birthday instead of the day the envelope was signed).

Ahead of the 2022 midterm elections, the plaintiffs alleged that rejecting ballots with a missing or incorrect date violates the Materiality Provision of the Civil Rights Act — which prevents disenfranchising a voter for a reason that is not material to their eligibility such as a small error or omission — because the date is not consequential in determining if a voter’s ballot was timely cast. Instead, Pennsylvania uses the time the ballot was received and stamped by the county board to determine when the ballot was received.

Republicans quickly intervened to defend the date regulation arguing that private groups and individuals cannot sue under the Materiality Provision and that the date provision is constitutional.

In November 2023, a federal district court sided with the plaintiffs and struck down this requirement after finding that it does violate the Materiality Provision. “Federal law prohibits a state from erecting immaterial roadblocks, such as this, to voting,” the court held. This decision was a major victory for voters, but was unfortunately reversed today. The panel held that the Materiality Provision only applies when the state determines who may vote, but does not extend to rules like the date regulation.