Democracy Docket: Good news in PA about mail in ballots: SCOTUS doesn't change anything

[lindysalsagal]

I get the emails from Democracy Docket, and I couldn't find this on their website, but they sent it out. It says PA can still count mail in ballots that lack a date, even though the SCOTUS decided to vacate a higher court order.

The Supreme Court’s latest action has no tangible impact on the expectations for counting valid mail-in ballots come November. The Pennsylvania acting secretary of state also released a statement, noting that the “order from the U.S. Supreme Court…does not affect the prior decision of [the] Commonwealth Court in any way. It provides no justification for counties to exclude ballots based on a minor omission, and we expect that counties will continue to comply with their obligation to count all legal votes.” (Republican state legislative leaders have already asked for revised guidance “given the high likelihood of new litigation.”)

Now, since I can't find a link, here's the beginning of the article:

SCOTUS’ Surprise Order Does Not Change Pennsylvania’s Plans

Within the span of a week in late spring 2022, a federal circuit court and a Pennsylvania state appellate court both concluded that Pennsylvania counties must include undated mail-in ballots in their totals. Not doing so, according to the courts, would violate the Materiality Provision of the Civil Rights Act of 1964. Undated mail-in ballots are those received before Pennsylvania’s 8 p.m. deadline on Election Day, so stamped as timely, and otherwise valid, but missing handwritten dates on the outer envelopes.


The issue appeared settled. The Pennsylvania department of state released updated guidance on Sept. 26 to clarify and reiterate the expectations of all Pennsylvania election officials: “Any ballot-return envelope that is undated or dated with an incorrect date but that has been timely received by the county shall be included in the pre-canvass and canvass.”


On Tuesday, Oct. 11, in an order from the U.S. Supreme Court, a majority of the justices vacated, meaning voided, the 3rd U.S. Circuit Court of Appeal’s decision in Migliori v. Lehigh County Board of Elections, the aforementioned federal court case that required the counting of undated mail-in ballots.


The Court’s move indicates that the prior decision is no longer authoritative for other states and territories in the 3rd Circuit. However, it does not impact state court rulings and state-issued guidance that has continually made clear that undated mail-in ballots must be counted by Pennsylvania counties.

[cyclonefence]

1. I voted by mail last week in PA

and I can understand why some folks might be confused about dating their mail-ins, which is what the SC kerfluffle is about. There's the ballot itself, which is straightforward, which you then put into an envelope, which you sign and date. Then that envelope goes into the mailing envelope. I can see it being unclear for some as to whether you're supposed to put today's date--the date on which you mark your ballot to mail in--or the date of the election itself.

It could be cleared up easily by instead of simply saying "date __________", the envelope said "today's date" or "date on which you are voting." I suspect the people who don't date their ballots aren't sure which date to enter. They could not be ignoring or missing the date requirement because it's right there next to where you sign your name.

I'm not sure how important that date is, anyway, as long as your ballot is received (or postmarked?) in time to be counted. What difference does it make when you filled in your ballot? I received mine a couple of weeks ago and mailed it in last week, so my date on the inner envelope was October something. If you can't mail in your ballot until you receive it, the date is obviously some time before the election.

[madashelltoo]

2. Taking my ballot to Post Office

TODAY! SIGNED AND DATED!