Philadelphia Court Orders Counting of Mail Ballots with Dating Errors
In a significant ruling Wednesday, the Commonwealth Court of Pennsylvania mandated that Philadelphia must count mail-in ballots submitted for the September special elections that were either incorrectly dated or lacked a date altogether. This 3-2 decision, while specifically addressing ballots from the September 17 special elections, raises questions for the upcoming November general election.
The court opined that rejecting these ballots violates the Pennsylvania Constitution’s clause on free and equal elections. Judge Ellen Ceisler, writing for the majority, stated that the local court’s decision to count the misdated ballots was correct. However, she also noted the ruling pertains solely to the past special election and does not offer explicit guidance for future elections.
Judges Matthew Wolf and Patricia McCullough dissented, expressing concerns that this ruling could create confusion as the November elections approach. They highlighted the need for clarity on whether similar ballots would be counted this fall, suggesting the issue could be revisited by the Pennsylvania Supreme Court.
The American Civil Liberties Union (ACLU) and the Public Interest Law Center, representing voters who had their ballots rejected, hailed the decision as a victory for voter rights, asserting that similar rules should apply in November. They urged voters to ensure their return envelopes are properly dated to avoid potential rejection.
Due to procedural uncertainties, the Commonwealth Court’s ruling does not automatically enforce changes in ballot processing for other counties, though it signals legal expectations that county officials should heed. The ACLU and legal experts are anticipating further judicial clarification on these matters before the upcoming elections.
Carter Walker reports for Votebeat in collaboration with Spotlight PA.
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