Undated Ballots Cannot Be Counted by Pennsylvania Supreme Court
A previous lower court ruling found that the exclusion of undated ballots violated the state constitution.
On November 1, the Pennsylvania Supreme Court granted the Republicans’ request to clarify that undated mail-in ballots should not be counted in the 2024 general election.
The Republican National Committee and Pennsylvania Republican Party sought emergency relief on October 31, arguing that a recent appeals court decision incorrectly mandated the counting of undated envelopes in a special election for the Pennsylvania House of Representatives in September.
The state supreme court’s order on November 1 granted the stay requested by the Republicans and specified that the appeals court decision should not apply to the November 5, 2024 General Election. The appeals court had previously concluded that refusing to count undated ballots violated the state constitution’s “free and equal elections clause.”
Republicans raised concerns that the decision could lead to inconsistent standards across counties, violating both the U.S. Constitution’s Equal Protection Clause and the Pennsylvania Constitution. The rulings were issued shortly before the November elections, prompting discussions about legal precedents and election procedures.
Additionally, the U.S. Supreme Court rejected a separate request by Republicans to halt a decision allowing voters to cast provisional ballots after incorrectly submitting mail-in ballots.
