The second case is about whether undated or misdated mail ballots should be rejected at all. That issue has been litigated many times, because election officials do not use the date written by a voter on the ballot envelope to determine the validity of a mail ballot — they just consider if the mail ballot was received on time. Previous suits have not succeeded in striking down the state rule, but a Pennsylvania appellate court revived the issue on Wednesday by requiring the Philadelphia Board of Elections to count undated and misdated mail ballots in the context of a September special election...
Saturday, November 2, 2024
Thousands of ballots are at stake as the Supreme Court considers Pennsylvania voting rules
The latest fights — and there may be more to come — present two issues. The first case is about whether a voter who returns a "deficient" mail ballot — for example, a mail ballot missing its "secrecy envelope," or one that was undated or misdated by a voter — can cast a provisional ballot instead on Election Day, as was the general practice in 2022. The state Supreme Court recently said yes, based on state law, but the U.S. Supreme Court may soon weigh in. The NBC News Decision Desk estimates that thousands of votes could be at stake.
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