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The Pennsylvania Supreme Court ruled 4-3 on Monday to prohibit the counting of mail-in ballots that were either undated or incorrectly dated. The ruling, which comes amid a tight U.S. Senate race, effectively secures Republican Dave McCormick’s victory over Democratic incumbent Bob Casey. The court’s decision could mark the culmination of a contentious legal battle over the validity of improperly marked mail-in ballots, although Democrats in four counties disobeyed a similar order previously.
The justices’ majority opinion said that the ballots will not be counted in the November 5 election. Republican-aligned Justices Kevin Brobson and Sallie Updyke Mundy joined Democratic Justices Kevin Dougherty and David Wecht to form the majority. In two strongly worded concurring opinions, the justices criticized certain counties for moving forward with counting these ballots despite long-standing controversies surrounding their legality.
The ruling was 4-3, with Justices Kevin Brobson (R), Sallie Updyke Mundy (R), Kevin Dougherty (D) and David Wecht (D) ruling against counting the faultily dated ballots. In two concurring statements, they seemed big mad at the counties for even considering counting them. https://t.co/PVj4P9isD7 pic.twitter.com/FB0vgvQw1F
— Stephen Caruso (@StephenJ_Caruso) November 18, 2024
Justice Christine Donohue authored the dissenting opinion, joined by fellow Democrats Dan McCaffrey and Chief Justice Debra Todd. The dissent argued that challenges to the ballots’ validity should be resolved on a county-by-county basis in local courts. However, the majority’s ruling supersedes this approach, providing a statewide directive that all improperly dated mail ballots be excluded from vote totals.
Reminder: This is what county board of elections were working with. https://t.co/JuFUeTpYHV pic.twitter.com/P83YH43R0Q
— Stephen Caruso (@StephenJ_Caruso) November 18, 2024
The legal dispute centers around mail-in ballots that failed to meet Pennsylvania’s requirements for dating the outer envelope. Spotlight PA reported that at least three counties—including Philadelphia, Bucks, and Centre—counted these ballots in defiance of prior guidance. Republican groups, including the Republican National Committee and the Pennsylvania GOP, swiftly filed lawsuits, urging the state Supreme Court to intervene…
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