By a 4-3 vote, the Pennsylvania Supreme Court vacated a decision by the state’s Commonwealth Court, finding it unconstitutional for undated mail ballots to be counted.

Justices Kevin Dougherty, Sallie Updyke Mundy, Kevin Brobson and Daniel McCaffery wrote that 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 Secretary of the Commonwealth Al Schmidt “did not suffice to invoke the Commonwealth Court’s original jurisdiction.”

Commonwealth Court had ruled that strict enforcement of the Election Code’s requirement that electors write a date on the envelope of their absentee or mail-in ballot violated the Free and Equal Elections clause of the Pennsylvania Constitution.

Justice David Wecht, writing in his dissent, said that “a prompt and definitive ruling on the constitutional question presented in this appeal is of paramount public importance inasmuch as it will affect the counting of ballots in the upcoming general election.”

He also wrote that he “would exercise this Court’s King Bench authority over the instant dispute and order that the matter be submitted on the briefs.”

Chief Justice Debra Todd and Justice Christine Donohue also dissented.

The Pennsylvania Supreme Court has the power to consider any case pending in a lower court and even some matters not pending in the courts when it sees the need to address an issue of “immediate public importance.” When it does so, the Court exercises its “King’s Bench power” which gives the Supreme Court the authority to supervise and administer the judiciary.

The Supreme Court exercises these powers only on rare occasions and has exercised them to take jurisdiction of cases such as those involving election disputes, among others.

“This is a huge win to protect the vote in Pennsylvania that will secure commonsense mail ballot safeguards and help voters cast their ballots with confidence,” said RNC Chairman Michael Whatley and Co-Chair Lara Trump. “The Keystone State will be absolutely critical in this election, and the Supreme Court has decided a major victory for election integrity.”

“It’s unfortunate that the Pennsylvania Supreme Court did not side with the voters of our Commonwealth today,” said Gov. Josh Shapiro. “It should be clear that voters who make an inconsequential dating error deserve to still have their valid vote counted.

“My Administration will continue to fight for voter enfranchisement and ensure Pennsylvanians’ right to a free, secure, and fair election.”

“Today’s decision is disappointing and leaves unanswered the important question of whether the dating requirement violates the Pennsylvania Constitution, as the Commonwealth Court found,” the Pennsylvania Department of State said in a statement. “The Department hopes that this question is answered as soon as possible, for the sake of the voters and our county election administrators preparing for the upcoming presidential election.”

Updated to include quotes from RNC, governor and DOS.