Pennsylvania Supreme Court Hands Huge Win To GOP On Mail-In Ballots, Rules Undated Ballots Can’t Be Counted In Midterms

Pennsylvania’s highest court handed a huge win to the GOP and ordered officials to disallow mail-in ballots with the wrong date marked on the envelope. The court said:

“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,”

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

“This ruling is a massive victory for Pennsylvania voters and the rule of law,” said RNC Chairwoman Ronna McDaniel in a statement.

“Republicans went to court, and now Democrats and all counties have to follow the law: this is a milestone in Republicans’ ongoing efforts to make it easier to vote and harder to cheat in Pennsylvania and nationwide.”

Pennsylvania’s Department of State said it was reviewing the ruling but said it “underscores the importance of the state’s consistent guidance that voters should carefully follow all instructions on their mail ballot and double-check it before returning it.”

According to CNN:

The 3-3 deadlocked order – a spot on the bench remains vacant after the chief justice died – the court acknowledged it was “evenly divided” on whether failing to count the undated or incorrectly dated ballots qualifies as a violation of federal election law. 

Three justices said they would find a violation of federal law, while three justices said they would find no violation.

The case is the result of the lawsuit brought by state and national Republicans last month that alleged Pennsylvania’s acting secretary of commonwealth was circumventing the General Assembly by telling county boards to count ballots returned in a timely manner, but without a dated envelope.