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Unanimous Third Circuit Bars Pennsylvania From Rejecting Mail Ballots Over Envelope Date Errors

The decision cites an undue burden on voting rights, leaving the door open to further appeals.

FILE - Election workers recount ballots from the recent Pennsylvania Senate race at the Allegheny County Election Division warehouse on the Northside of Pittsburgh, Wednesday, Nov. 20, 2024. (AP Photo/Gene J. Puskar, File)
Electoral workers sort through envelopes to make sure no ballots are left inside them during ballot counting for the 2024 U.S. presidential election on Election Day in Philadelphia, Pennsylvania, U.S., November 5, 2024. REUTERS/Leah Millis/File Photo
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Overview

  • The three-judge panel ordered Pennsylvania to stop discarding mail ballots solely for missing or incorrect handwritten dates and affirmed a March district court ruling.
  • Judge D. Brooks Smith wrote that the practice fails constitutional balancing and has led to the disqualification of thousands of otherwise proper ballots.
  • The challenge was brought by Democratic-aligned groups including the American Federation of Teachers and national party campaign arms, backed by voting-rights organizations.
  • The Republican National Committee and state GOP opposed the suit, and Attorney General Dave Sunday is reviewing the ruling as Republicans consider en banc rehearing or Supreme Court review.
  • The ruling removes a commonly used basis for rejection that has caused confusion for election administrators across Pennsylvania’s 67 counties.