Federal Appeals Court: Pa. Voters Shouldn’t Lose Their Voices over Envelope Date Mistakes
The court found Pennsylvania's date requirement for mail-in ballots disenfranchises thousands without improving election security, affecting minority and elderly voters disproportionately, the ACLU said.
- On August 26, the 3rd Circuit Court of Appeals determined that Pennsylvania’s mandate for voters to include a date on mail-in ballot envelopes imposes an excessive burden.
- The ruling resulted from a legal challenge initiated by a voter from Erie County whose 2022 mail-in ballot was dismissed because the return envelope did not include a date.
- The court found the minimal fraud prevention benefit of the date requirement does not outweigh the harm caused by disenfranchisement from minor errors.
- Judge D. Brooks Smith, writing for the court, argued that the infrequent instances of fraud do not justify the significant burden the date requirement places on thousands of voters each election and stated that the rule does not enhance the gravity of the voting process.
- The decision protects voters' constitutional rights but may prompt legislative action or appeals as Democrats vow to count every legal vote and Republicans consider next steps.
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Federal Appeals Court Rules PA Mail-In Ballots Don't Need Correct Dates After All – DV Journal
A federal appeals court ruled Tuesday that Pennsylvania cannot throw out mail-in ballots that are incorrectly dated, a decision that could reshape how elections are decided in one of the nation’s most closely watched battleground states. The unanimous decision from the Third U.S. Circuit Court of Appeals found the state’s dating requirement unconstitutional, saying it needlessly disenfranchised voters without serving a meaningful purpose in elec…
Big WIN At 3rd Circuit: Can't Toss PA Ballots Over Envelopes
A federal appeals court ruled yesterday that it is unconstitutional for the presidential battleground state of Pennsylvania to throw out mail-in ballots simply because the voter didn’t write an accurate date on the return envelope. Via the Associated Press: The unanimous decision by the 3rd U.S. Circuit Court of Appeals ordered Pennsylvania to stop throwing out such ballots and upheld the decision earlier this year by a federal judge in Pittsbur…

Federal appeals court rules Pa. mail-in ballot dating requirement is unconstitutional
An election worker hands a sticker to a voter after she dropped off a mail-in ballot outside the Chester County Government Center on Tuesday, Nov. 5, 2024. (Capital-Star/Peter Hall)Writing the date on a mail-in ballot envelope is a minor burden for voters, a federal appeals court said Tuesday. But the impact of making a mistake or forgetting to do so is too great to justify the requirement. The Philadelphia-based 3rd U.S. Circuit Court of Appeal…
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