The fate of undated ballots is back before the Pennsylvania Supreme Court

The Pennsylvania Supreme Court will once again consider one of the most hotly contested issues in state election law: whether your vote should count if you fail to put the date on your mail ballot.

The state Supreme Court announced Friday that it would take on a Philadelphia case focused on the issue, raising hopes that the court may finally deliver clarity on whether thousands of these ballots cast in each election should or should not be counted in the future.

Undated ballots have been a focal point of election litigation since the Pennsylvania General Assembly first enacted no-excuse mail voting in 2019 and the issue became particularly explosive in last year’s election when, amid a recount in the state’s U.S. Senate race, commissioners in Democratic counties voted to count the ballots in violation of a court order.

The ballots ultimately were not counted, following another court order, but they would not have changed the outcome of the Senate race in which Republican Sen. Dave McCormick ousted Democratic incumbent Bob Casey in a close contest.

While the issue has often been litigated over the last five years, the Pennsylvania Supreme Court has never directly weighed in on the merits of the issue.

“I’m pleased that the Supreme Court will take a look into it,” said Omar Sabir, the chair of the Philadelphia City Commissioners, which oversees the city’s elections. “This is one step closer for clarity for the citizens of Philadelphia.”

The Supreme Court will now decide whether the Pennsylvania Commonwealth Court made the right decision in November when it ruled Philadelphia had violated voters rights by rejecting undated ballots in its special election. That ruling, which came days before the November election, was blocked from taking effect in the critical election.

The Republican National Committee swiftly appealed the overall ruling, even as the impact would be delayed until after the election. The court took up the appeal Friday.

Under current law voters must sign and date the outer envelope of their mail ballot in order for it to be counted. Democrats have long argued the rule is arbitrary as election offices do not use the date and instead rely on postmarks.

Republicans, however, have argued the court must respect the legislature’s intent and have persistently fought to keep the requirement intact.

“Election laws should be changed via the legislative process — not the courts,” said Linda Kerns, an attorney representing the RNC.