The U.S. Supreme Court on Tuesday rejected a Republican emergency request to prevent the counting of mail-in ballots in Pennsylvania that lacked a handwritten date on their outer envelopes. The decision clears the way for thousands of timely-received ballots to be counted ahead of the highly anticipated November 8 midterm elections.
The Court issued its brief order without explanation. Three conservative justices – Clarence Thomas, Samuel Alito, and Neil Gorsuch – dissented from the court’s order, indicating they would have granted the Republican request.
The emergency request was brought by the Republican National Committee (RNC) and other Republican groups. They had sought to bar election officials in Pennsylvania from counting these ballots, arguing that the absence of a handwritten date on the outer envelope violated state election law and threatened election integrity.
The Supreme Court's ruling reaffirms a prior decision by Pennsylvania's highest court. The Pennsylvania Supreme Court had previously determined that the date requirement in state law was 'immaterial' to determining a voter’s eligibility, provided the ballot was received on time.
This state-level decision had overturned a lower court ruling that could have disenfranchised voters by disallowing ballots missing the handwritten date. The state court's finding underscored that timely-received ballots should not be disqualified for this technicality.
The Supreme Court's latest action provides a clear directive for election administration in the weeks leading up to the midterms, offering clarity for election officials and voters across Pennsylvania. The state is a critical battleground in the upcoming elections, featuring a hotly contested Senate race, and the decision to count these timely-submitted ballots is anticipated to benefit Democrats.
