Pennsylvania Supreme Court Rules Undated Mail-In Ballots CANNOT be Counted

The Pennsylvania Supreme Court ruled on Tuesday that undated and incorrectly dated mail-in ballots cannot be counted in this year’s midterm election, siding with national and state Republican groups in a lawsuit filed just over two weeks ago.

“The Pennsylvania county boards of elections are hereby ORDERED to refrain from counting any absentee and mail-in ballots received for the November 8, 2022 general election that are contained in undated or incorrectly dated outer envelopes,” the court said in its order.

It added, “We hereby DIRECT that the Pennsylvania county boards of elections segregate and preserve any ballots contained in undated or incorrectly dated outer envelopes.”

The @GOP, @NRCC, & @PAGOP just secured a MASSIVE election integrity win in Pennsylvania.

The PA Supreme Court agrees with us that incorrectly or undated mail ballots can not be counted in next week’s elections.

Republicans went to court. Now Democrats have to follow the law.

— Ronna McDaniel (@GOPChairwoman) November 1, 2022

🚨Election Integrity Victory🚨

Pennsylvania Supreme Court Rules Undated Mail Ballots Can't Be Countedhttps://t.co/uzgamQeFOA

— Tea Party Patriots (@TPPatriots) November 1, 2022

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The latest court decision comes after the Republican National Committee (RNC), the National Republican Congressional Committee (NRCC), and the Republican Party of Pennsylvania in October joined in filing a lawsuit to block undated mail-in ballots and absentee ballots from being counted, even if they are received on time.

In a petition, the group asked for an expedited review, which requires the court to use its special power to bypass the lower courts in taking up the case. On Oct. 21, the court granted the request, a move that suggested it regards the matter as urgent and important.

Pennsylvania Department of State officials argued that state law between 1945 to 1968 had directed counties to set aside mail-in ballots when the date on the envelope was later than the election day. But in 1968, the state law was changed, resulting in the deletion of a section in the law that required counties to set aside ballots based on the date on the return envelope, the officials noted.

Republicans asked the justices to rule on the language of Pennsylvania’s law, which states that an absentee or mail-in voter “shall … fill out, date and sign the declaration” printed on the outer envelope of the ballot. They asked the court that if it doesn’t order counties to throw out the undated or incorrectly dated ballots, then it should at least order counties to segregate the ballots.

The Pennsylvania Supreme Court on Tuesday dismissed the individual petitioners from the case due to lack of standing, while determining that the RNC, NRCC, and the Pennsylvania GOP have standing.

Read the court ruling HERE.