A Pennsylvania appeals court ruled on Wednesday that the requirement for mail-in voters to handwrite the correct date on their ballot violates the state Constitution. This ruling stems from a case involving rejected ballots in a previous election in Philadelphia. Voting rights advocates have been challenging the dating requirement through multiple lawsuits, including one pending at the US Supreme Court, which will not be resolved before Election Day.
The issue with the dating requirement is that it has led to the rejection of thousands of ballots in past elections. Voters sometimes mistakenly put their birthdate or other incorrect dates, or forget to date the ballot envelope altogether. The Commonwealth Court of Pennsylvania stated in its ruling that enforcing the dating provisions has resulted in the arbitrary and baseless rejection of timely ballots, leading to disenfranchisement and violating the free and equal elections clause.
It remains unclear how this ruling will be applied going forward, especially with the upcoming election. Additional proceedings may be necessary to determine the statewide impact of the appeals court decision. The ruling challenges the current practice of requiring voters to write the date on which they filled out the ballot, highlighting the potential disenfranchisement caused by this rule.
Republican sources have not yet indicated whether they plan to appeal the ruling to the state Supreme Court. In previous cases where mail ballot rules have been relaxed, Republicans have sought appeals. The outcome of any potential appeal could further shape the rules surrounding mail-in voting in Pennsylvania.
