The US Supreme Court recently opted not to hear a legal challenge regarding Pennsylvania’s mail-in ballot date requirements, leaving in place a ruling from the US Court of Appeals for the Third Circuit. This decision is a significant development in election law, particularly with implications for mail-in voting protocols.
The case originated when the NAACP, the American Civil Liberties Union, and local voting organizations filed a class action lawsuit. This legal challenge was prompted by a 2022 order from the Pennsylvania Supreme Court instructing county election boards to reject mail-in ballots lacking a date or carrying an improperly written date. Consequently, more than 10,000 ballots were discarded, leading to considerable controversy and legal action. After an initial trial court ruling in favor of the plaintiffs, the decision was overturned by the Third Circuit, leading the plaintiffs to seek intervention from the US Supreme Court (see Supreme Court docket).
In their appeal, the plaintiffs argued that discarding ballots due to date errors contravenes the non-materiality provision of the Civil Rights Act. This provision, found in 52 USC §10101(a)(2)(b), prohibits denying the right to vote over immaterial errors. They contended that the date on a ballot is immaterial to voter qualification, and highlighted the broader scope of the non-materiality clause across the voting process, as interpreted by other circuit courts.
The opposition, including the Republican National Committee, countered that the plaintiffs misinterpreted the non-materiality clause, which they argued is aimed at registration, not ballot submission. They maintained that date requirements are reasonable measures to prevent voter fraud, thus falling within legitimate regulatory grounds (see respondents’ brief).
With the Supreme Court declining to hear the appeal, the Third Circuit’s ruling remains effective, and Pennsylvania counties must continue to reject mail-in ballots that are incorrectly dated. The outcome reinforces the ongoing debate over election procedure regulations and their impact on voter rights and electoral integrity.
For further details on the proceedings, visit the original report by JURIST.