Court to Pa. counties: Stop counting misdated mail-in ballots, again

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The Pennsylvania Supreme Court has issued an order commanding that three counties immediately cease counting mail-in ballots with undated or misdated envelopes.

“Mail-in and absentee ballots that fail to comply with the requirements of the Pennsylvania Election Code … SHALL NOT BE COUNTED for purposes of the election held on November 5, 2024,” the order reads.

Such ballots have been at the center of legal challenges since before the election, with many concerned that they would prove decisive in the presidential contest. Donald Trump won Pennsylvania decisively, rendering such challenges moot for that race.

However, the current gap in the U.S. Senate race between incumbent Democrat Bob Casey and his challenger David McCormick has dropped to below 18,000 votes, meaning the ballots in question could impact who wins.

The McCormick campaign and the Republican National Committee had filed lawsuits against all 67 counties but specifically targeted Democratic-led Philadelphia, Montgomery and Bucks counties, where election officials continued to count ballots.

While the state Supreme Court had previously issued a ruling prohibiting counting them, the state Commonwealth Court had issued a contrary opinion that only applied to the September special election for two House districts.

Following the order, RNC Chair Michael Whatley posted, “No more excuses. Election officials in Bucks, Montgomery, Philadelphia, and other counties have absolutely no choice but to reject illegal ballots. We will hold them to it.”

Philadelphia City Commissioner Lisa Deeley issued a statement saying that the board’s lawyers are reviewing the order.

“However, I am deeply disappointed that the court, once again, chose not to rule on the constitutionality of disenfranchising voters who failed to correctly date their declaration envelope,” she wrote. “This question remains an open issue. Regardless of next steps, I will continue to fight, through every viable legal avenue, to make sure that we are enfranchising eligible voters, not disenfranchising.”

The race has already entered an automatic recount, which county election officials have until Nov. 26 to finish. The results are expected to be announced Nov. 27.

This story is in progress and will get updated.