Pa. high court in ballot ruling ‘did not side with voters:’ Gov. Shapiro


Published: 4 days ago

Reading time: 3 minutes

Voters who make an inconsequential dating error deserve to still have their valid vote counted, the governor said.

Governor Josh Shapiro and voting rights groups have expressed disappointment with the Pennsylvania Supreme Court's ruling that counties can reject mail-in ballots for inaccurate dates on the envelopes. The decision raises concerns that thousands of ballots could be invalidated in November's election.

Shapiro, in a statement, said, "It's unfortunate that the PA Supreme Court did not side with the voters of our Commonwealth today. 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."

The Supreme Court's 4-3 decision came two weeks after Commonwealth Court had halted enforcement of the handwritten dates on the outside envelopes, raising fresh concerns about the potential disqualification of ballots.

Mimi McKenzie, legal director of the Public Interest Law Center, said, "Thousands of voters are at risk of having their ballots rejected in November for making a meaningless mistake. It’s more important now than ever for every voter to carefully read and follow the instructions for submitting a mail-in ballot."

More than 10,000 voters cast mail-in ballots in recent elections with inaccurate or missing dates. Mail-in ballots are favored by many more Democrats than Republicans in Pennsylvania.

The Black Political Empowerment Project and other community organizations sued the Department of State earlier this year to end the disqualification of mail-in ballots based on what it said was a common trivial error on the external envelopes.

ACLU Voting Rights Project Senior Staff Attorney Ari Savitzky, who represented the plaintiffs, said, "This procedural ruling is a deeply unfortunate and unnecessary setback for voters, whose fundamental right to vote is at stake. It is time to end once and for all the practice of disenfranchising thousands of eligible voters based on a totally meaningless paperwork mistake. We will not stop fighting to make sure that all votes are counted."

A statewide coalition of ten nonpartisan community organizations sued Pennsylvania Secretary of State Al Schmidt and election officials in Philadelphia and Allegheny County in state court, demanding an end to the disqualification of mail-in ballots for inconsequential date errors on the declaration envelope. The petitioners argued that this practice violates the fundamental right to vote in free and equal elections guaranteed by the Pennsylvania Constitution.


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