DEMOCRACY DOCKET: BREAKING: Undated and misdated mail-in ballots won’t be counted, per Pennsylvania Supreme Court

This is a breaking news update on a major voting rights development — and a free sample of what’s included in our premium content. Members get breaking news delivered straight to their inbox, plus two exclusive newsletters from Marc, Marc’s weekend reading list and premium scorecard, expert Q&As and much more. If you want updates like these plus additional insights into the ways court decisions will impact voters in November, upgrade now for $120/year. Plus, you’ll help power our work from now through the election and beyond. BECOME A MEMBER TODAY Undated and Misdated Mail-in Ballots Won’t Be Counted, Per Pennsylvania Supreme Court By Rachel Selzer In a 4-3 order issued today, the Pennsylvania Supreme Court vacated a Commonwealth Court decision that would have required counties in the battleground state to count mail-in ballots with missing or incorrect handwritten dates on their outer return envelopes. According to the ruling, which stands to put thousands of voters at risk of disenfranchisement this November, the Commonwealth Court lacked jurisdiction over the matter since the plaintiffs failed to name all 67 Pennsylvania Counties as defendants to the lawsuit.   The court’s move injects profound uncertainty into the upcoming Nov. 5 election in a state that is consequential to winning the presidential election. Three justices dissented, noting that “[a] prompt and definitive ruling on the constitutional question presented in this appeal is of paramount public importance inasmuch as it will affect the counting of ballots in the upcoming general election.” Today’s decision follows an Aug. 30 decision from the Commonwealth Court concluding that the strict enforcement of Pennylsvania’s handwritten date requirement does not violate the fundamental right to vote guaranteed by the state constitution’s Free and Equal Elections Clause. READ MORE HERE We are proud to be supported by our readers, but we’ll be honest: we can’t do this work without the contributions from our premium members. They allow us to accurately report on major news like this in a timely manner so that voters understand how these updates impact them. If you believe in our mission, consider becoming a member for $120/year — it’ll go a long way.

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