An appellate court in Pennsylvania ruled that not counting a mail-in ballot due to a lack of date on the return envelope violates voters’ rights under the state constitution. The decision, which could impact thousands of ballots and influence close races, was the result of a case brought by civil rights groups challenging the dating requirement in the state’s mail voting law.
The court’s ruling stated that rejecting mail-in ballots over a date requirement that serves no compelling government interest is unconstitutional. The decision was hailed by the plaintiffs, including the Public Interest Law Center, for strengthening the right to vote in Pennsylvania. The state Department of State, which did not defend the requirement in court, also celebrated the ruling as a victory for voting rights.
However, the Pennsylvania GOP and the Republican National Committee vowed to immediately appeal the decision, calling it an example of “judicial activism” that undermines election confidence. The ruling, if upheld, could have a significant impact on the upcoming November elections, as more voters are expected to choose mail-in voting.
The dissenting judge argued that the dating requirement falls within the legislature’s authority to establish voting rules, highlighting a potential legal battle over the interpretation of the state constitution’s free and equal elections clause. Despite the ongoing legal battle, the Department of State affirmed its commitment to upholding Pennsylvanians’ right to vote.
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