Complicating matters further, Wednesday’s ruling appeared to run contrary to a state Supreme Court decision just weeks earlier.
Chester County, Pa., election workers process mail-in and absentee ballots at West Chester University in West Chester, Pa., Nov. 4, 2020.Wednesday with a ruling that prompted predictions of chaos from some of the court’s judges and left the fate of thousands of ballots once again in question a week before Election Day.
The question of how to handle dates on mail ballots has been one of the most hotly contested legal and political fights each election cycle since the creation of no-excuse mail voting in Pennsylvania in 2019. Democrats overwhelmingly favor mail voting, and the party has consistently fought to have undated mail ballots included. In recent cases, they have argued that disqualifying them unfairly disenfranchises otherwise eligible voters.
“Enforcement of the dating provisions has resulted in the arbitrary and baseless rejection of thousands of timely ballots, resulting in disenfranchisement in violation of the free and equal elections clause,” Judge Ellen Ceisler, a Democrat, wrote for the court’s majority.
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