Lawyers argued in a pivotal case before Pennsylvania’s Commonwealth Court that the date voters write on their mail ballot envelopes is unnecessary and should not be a basis for rejecting those ballots. The case, brought by the ACLU and voting-rights groups, challenges the state law requiring voters to date their mail ballots, arguing that thousands of ballots are rejected annually due to this requirement.
The plaintiffs are relying on a state constitutional provision guaranteeing free and equal elections to support their case. They argue that the handwritten date on the return envelope does not serve a government interest, as counties use barcodes to track the timing of ballot receipt. The Department of State’s attorney also acknowledged that the handwritten date is not used for election administration purposes.
Republican lawyers defending the requirement claim the date can help prevent fraud and serve as a backup if scanning systems fail. They argue that the date requirement is important for maintaining the solemnity of the voting act. The case also raises questions about whether striking down the date requirement would invalidate no-excuse mail voting in its entirety under Act 77.
The court’s ruling on this case could significantly impact voting by mail in Pennsylvania, potentially affecting the upcoming presidential election. While the issue remains unresolved, both parties expect the case to eventually reach the Pennsylvania Supreme Court. Regardless of the outcome, the controversy surrounding the dating requirement underscores ongoing challenges in ensuring the integrity of the voting process.
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