A new lawsuit filed in Pennsylvania by left-leaning groups is seeking to prevent thousands of mail-in ballots from being thrown out in the upcoming election. The lawsuit challenges a provision in Pennsylvania law that requires voters to write the date when they sign their mail-in ballot envelope. The lawsuit argues that the date requirement is unnecessary and violates the state Constitution’s free and equal elections clause, potentially disenfranchising voters.
The lawsuit, filed in a state court, references a 2023 opinion from the state Supreme Court suggesting that the free and equal elections clause would prevent ballots from being discarded for failing to comply with the date requirement. Enforcement of the dating provision has resulted in at least 10,000 ballots being thrown out in past elections, disproportionately affecting older voters, poorer districts, and Black and Latino communities. The plaintiffs in the case include the ACLU, the Public Interest Law Center, and other organizations advocating for voting rights.
The lawsuit names Governor Josh Shapiro’s top election official and the election boards in Philadelphia and Allegheny County, both heavily Democratic jurisdictions. Democrats have consistently fought to undo the dating requirement, while Republicans have argued in court to uphold it. Roughly three-fourths of mail-in ballots in Pennsylvania are cast by Democrats, possibly influenced by former President Donald Trump’s claims of fraud in mail-in voting. A high-profile Senate contest between Democratic Senator Bob Casey and Republican challenger David McCormick will also be on the November ballot.
Republicans are encouraging their voters to cast mail-in ballots, but national Republican groups have signaled opposition to the lawsuit. They argue that the date requirement is an important election integrity safeguard and that efforts to challenge it are designed to undermine voter confidence in mail-in voting. The plaintiffs in the lawsuit include several community organizations advocating for voter rights and participation.
The lawsuit is one of several challenges to the date requirement currently pending in both state and federal courts. A separate challenge is examining whether the requirement violates the 1964 Civil Rights Act or the Constitution’s equal protection clause. The outcome of these legal battles could impact how mail-in ballots are processed in Pennsylvania and potentially affect the outcome of the upcoming election. Follow Marc Levy on Twitter for updates on this developing story.
