Multiple counties in Pennsylvania had chosen to count the ballots despite a previous ruling by the state supreme court on the matter. The Pennsylvania Supreme Court issued an order directing all 67 counties in the state not to count undated mail-in ballots, after several counties had indicated they would do so.
The order was issued on Nov. 18 as the state began a recount process for the U.S. Senate race. Decision Desk HQ and The Associated Press had called the race for Republican Dave McCormick, who was running against incumbent Sen. Bob Casey (D-Pa.). However, because McCormick’s lead was within a 0.5 percent margin, a recount was required by state law.
The court’s decision specified that mail-in and absentee ballots that did not meet the requirements of the Pennsylvania Election Code should not be counted for the election held on November 5, 2024. The order was deemed authoritative and applicable to all county election board members.
The court specifically mentioned Bucks, Montgomery, and Philadelphia counties for deciding to count the undated ballots, leading to lawsuits filed by the Republican National Committee (RNC) and the Pennsylvania Republican Party against county officials.
A previous dispute regarding the counting of undated ballots arose before the November 5 election. A state appeals court had ruled that not counting such ballots in a special election violated the state’s constitution. The state supreme court responded by issuing an order that clarified the appeals court decision did not apply to the general election.
Justice Christine Donohue issued a dissenting statement, arguing that the challenges were not extraordinary or urgent, and that the RNC had other avenues for review. Justices David Wecht and Kevin Brobson issued concurring statements emphasizing that only the courts could declare a statute unconstitutional.
The situation is still developing, and updates will be provided as necessary.
Source link
