Pennsylvania Supreme Court Says Mail-In Ballots Without Dates Should Not Be Counted - The New York Times

• Nov. 1, 2022Updated 9:51 p.m. ET

The Pennsylvania Supreme Court connected Tuesday ordered predetermination officials successful the battleground authorities to refrain from counting mail-in ballots that deficiency a written day connected their outer envelope, siding with Republicans successful a substance that could person nationalist implications connected Nov. 8.

The Republican National Committee and respective different party-aligned groups filed a suit successful October to halt undated ballots from being counted, citing a state law that requires voters to constitute the day connected the instrumentality envelope erstwhile sending them in.

In a two-page ruling issued a week earlier Election Day, the tribunal said that noncompliant ballots should beryllium acceptable aside. It was the latest wrinkle successful a protracted ineligible combat implicit undated ballots successful Pennsylvania, wherever voters are acceptable to determine pivotal contests for politician and the U.S. Senate.

But the six justices were divided astir whether their rejection violated the voting protections of the national Civil Rights Act. Three Democrats connected the elected tribunal said that it did interruption national law, portion a 4th Democrat, Kevin M. Dougherty, joined the court’s 2 Republicans successful saying that it did not. (The tribunal typically has 7 members, but Chief Justice Max Baer, a Democrat, died successful September.)

The court’s ruling straight conflicted with guidance issued successful September by Leigh M. Chapman, a Democrat who is the acting caput of the commonwealth and said ballots without a day connected them should beryllium counted arsenic agelong arsenic they are returned connected time.

It was not instantly wide whether authorities predetermination officials could prosecute an appeal.

“We are reviewing, but the bid underscores the value of the state’s accordant guidance that voters should cautiously travel each instructions connected their message ballot and double-check earlier returning it,” Amy Gulli, a spokeswoman for Ms. Chapman, said successful an email connected Tuesday night.

Voters who are acrophobic that they mightiness person made an mistake connected ballots earlier returning them should interaction their region predetermination committee oregon the Pennsylvania Department of State, Ms. Gulli said.

Pennsylvania is wherever 2 of the astir intimately watched elections successful the state volition beryllium decided adjacent week. In the governor’s race, Josh Shapiro, the state’s Democratic lawyer general, faces authorities Senator Doug Mastriano, the right-wing, election-denying Republican nominee. And power of the U.S. Senate could hinge connected the result of the contention betwixt the personage doc Dr. Mehmet Oz, a Republican, and Lt. Gov. John Fetterman, a Democrat.

“Republicans went to court, and present Democrats and each counties person to travel the law,” she said. “This is simply a milestone successful Republicans’ ongoing efforts to marque it easier to ballot and harder to cheat successful Pennsylvania and nationwide.”

Lawrence Tabas, the president of the authorities Republican Party, said the determination was a “tremendous triumph for predetermination integrity.”

The American Civil Liberties Union of Pennsylvania lamented the ruling connected Tuesday nighttime connected Twitter.

“We’re disappointed,” the radical said. “No 1 should beryllium disenfranchised for an irrelevant technicality. Voters, motion and day your instrumentality envelope.”

The Democratic National Committee and the authorities Democratic Party, which were not named arsenic respondents successful the lawsuit, did not instantly respond to requests for remark connected Tuesday night.

Neither did the campaigns of Mr. Fetterman and Dr. Oz.

The contented of undated ballots was a large constituent of contention successful Dr. Oz’s superior successful May, which was decided by little than 1,000 votes and triggered an automatic recount.

Dr. Oz had opposed the counting of astir 850 undated ballots that were formed successful that race. His opponent, David McCormick, sued to see the ballots, calling the day request irrelevant. He aboriginal conceded the race.

And past year, a Republican campaigner who mislaid a judicial contention successful Lehigh County sued to halt undated ballots from being counted successful that contest, a lawsuit that escalated each the mode to the U.S. Supreme Court.

In May, the U.S. Court of Appeals for the Third Circuit successful Philadelphia ruled against that candidate, David Ritter. The Supreme Court said successful June that predetermination officials successful Pennsylvania may number mailed ballots that were received by the cutoff day but not dated. But successful aboriginal October, the Supreme Court vacated the appeals tribunal ruling.

Mail-in ballots indispensable beryllium received by region predetermination boards by 8 p.m. connected Election Day, different they won’t beryllium counted.

Nick Corasaniti contributed reporting.