Pennsylvania Supreme Court Orders Counties to Reject Illegal Ballots in Close Senate Race
In a ruling issued on Monday, the Pennsylvania Supreme Court directed county election officials not to count illegal ballots in the upcoming election, specifically focusing on ballots missing required dates.
The decision impacts counties like Bucks, Montgomery, and Philadelphia, where officials had previously voted to count ballots that did not meet the state’s election code requirements.
The court’s order, referencing a prior ruling, reinforced the requirement for absentee and mail-in ballots to have a date on the return envelope. “Failure to comply with that command renders a ballot invalid as a matter of Pennsylvania law,” the ruling emphasized.
The decision follows concerns raised during a tight Senate race, where Republican challenger Dave McCormick has claimed victory over incumbent Sen. Bob Casey. The race remains unresolved, as Casey has yet to concede, and an automatic recount was triggered due to the narrow margin of victory.
The court’s ruling stems from its use of King’s Bench Power, a legal tool allowing the court to address matters of significant public importance.
As part of this order, the court instructed all county election boards, including those in Bucks, Montgomery, and Philadelphia counties, to follow previous court directives and reject ballots that fail to comply with the state’s election code.
The ruling also addressed ballots that lacked proper signatures, a concern raised in Bucks County, where officials had voted to accept such ballots. The court clarified that only ballots in compliance with the Election Code should be counted, which would include those with missing signatures.
Justice Kevin Brobson, who concurred with the majority opinion, wrote separately to underscore that local election officials do not have the authority to disregard Election Code provisions based on their personal beliefs about their constitutionality.
Governor Josh Shapiro issued a statement reinforcing the importance of adhering to the court’s decision, urging election officials to comply with the ruling and applicable laws governing the election process.
This latest ruling comes amid growing tension over the handling of ballots in Pennsylvania. Some local election officials, particularly in Democratic-majority counties like Bucks, Montgomery, and Philadelphia, have been criticized for disregarding court rulings on the proper handling of ballots.
Bucks County commissioners, for example, had voted to count ballots missing the required date on the envelope, which they argued was an oversight rather than an intentional violation of the law. Similarly, Montgomery County and Philadelphia election officials had also voted to count such ballots, prompting concerns over potential legal challenges.
Despite the ongoing legal challenges, the court’s ruling emphasizes the importance of ensuring that only legally compliant ballots are counted, as Pennsylvania prepares for the November 2024 election.
