The Pennsylvania Supreme Court has determined that the two biggest counties in the state do not have to count mail-in ballots that have either the wrong date or no date where indicated on the outer envelope. The ruling was 4 to 3, with those 3 justices writing a dissent in the case.
The order from the court found that the lower court, which had ruled that those ballots must be counted even with the errors, lacked jurisdiction in the case because only Allegheny and Philadelphia Counties were mentioned in the case and not all of the state’s 67 counties.
The order reads: “AND NOW, this 13th day of September, 2024, the order of the Commonwealth Court is VACATED. The Commonwealth Court lacked subject matter jurisdiction to review the matter given the failure to name the county boards of elections of all 67 counties, and because the joinder of Al Schmidt, in his official capacity as Secretary of the Commonwealth, did not suffice to invoke the Commonwealth Court’s original jurisdiction.”
In practice, this means that in the coming presidential election, officials will not count any ballots that are either misdated or undated ballots. The jurisdiction issue could be addressed by the plaintiffs in the case before the election. The plaintiffs are listed as Black Political Empowerment Project, Power Interfaith, Make the Road Pennsylvania, OnePA Activists, New PA Project Education Fund, Casa San Jose, Pittsburgh United, League of Women Voters of Pennsylvania and Common Cause Pennsylvania.
A spokesman from the Pennsylvania Department of State said that it was “disappointing” and that it “leaves unanswered the important question of whether the dating requirement violates the Pennsylvania Constitution, as the Commonwealth Court found,” reported The New York Times.
Hellbound and Down 