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PA Supreme Court Says NO to Counting Undated Mail Ballots

PA Judicial Center

In a filing that came down at the end of the day Tuesday, the Pennsylvania Supreme Court said that undated or incorrect mail ballots may not be counted by county boards of election.

“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.

“The Court is evenly divided on the issue of whether failing to count such ballots violates 52 U.S.C. §10101(a)(2)(B).

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

Chief Justice Todd and Justices Donohue and Wecht would find a violation of federal law.

Justices Dougherty, Mundy and Brobson would find no violation of federal law.

Opinions will be forthcoming.

“This ruling is a massive victory for Pennsylvania voters and the rule of law,” said Republican National Committee (RNC) Chairwoman Ronna McDaniel. “Following an RNC, NRCC, and PAGOP lawsuit, Pennsylvania’s Supreme Court has made clear that incorrectly dated and undated mail ballots can not be counted. 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.” 

Rep. Seth Grove (R-York) tweeted “Huge Election LAW win!!! Pa Supreme Court upholds current PA law that counties need to segregate undated/incorrectly dated ballots & ballots CANNOT be counted. For the 2nd time the Pa Supreme Court upholds this provision. Huge loss to the liberal left who hate laws!”

 This story will be updated.

4 Responses

  1. The dems pushing mail in ballots is a bad strategy. The error rate is exponentially greater than making an error on an electronic machine.

  2. Ronna McDaniel and Seth Grove actually think counting an incorrectly dated paper ballot is bad for democracy is absurd. If I put September 2023 on a ballot by mistake when it is September 2022 (when a postmark says Sept 2022)it seems Republicans are only trying to find ways to have me not vote than to count my vote. Gotcha politics!

  3. Republicans will prosecute authorities that let lizard people eat kids. Vote Shapiro.


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