Posted by Jocelyn Duallo.
The Associated Press presents ongoing lawsuits in Pennsylvania about mail-in or absentee ballots. The federal court is dealing with the American Civil Liberties Union and a variety of other groups filing a suit, “seeking to have votes from mail-in or absentee ballots counted even if they lack proper dates on their return envelopes” (Associated Press). The concern over votes being rejected stems from the state Supreme Court ruling that requires by law the barring of ballots without accurate dates. The groups fighting over the ruling claim that the ruling “would violate provisions of the U.S. Civil Rights Act of 1964” because of a small dating error that is not used in the voting process (Associated Press). Hence, the lawsuit is to ask the court to continue the counting of all ballots regardless of the incorrect date or missing date on the ballot.
The groups fighting this ruling include but not limited to the American Civil Liberties union, NAACP, League of Women Voters, and Common Cause (Associated Press). Other groups such as the Philadelphians Organized to Witness, Empower and Rebuild, the Black Political Empowerment Project and Make the Road Pennsylvania have offered to put effort into fixing the ballots without dates and finding those voters (Associated Press). This moot subject has even the Supreme Court baffled with a 3-3 justice decision about counting the votes without date or wrong dates. There has been an official explanation to follow the new ruling that states that incorrectly dated ballots are when the dates are outside the range for mail-in ballots and range for absentee ballots. There is certainty in more litigations because of the Supreme Court’s uncertainty.
There are so many uncertainties when looking at the suit at hand. A date cannot determine the legitimacy of a voter but if the date is deemed to be an official step and an important component in a ballot then the story changes. But if this was officially the case, then this requirement should have been announced prior to the first date range for absentee ballots which would be before August 30th and as a courtesy, 2 weeks prior to that date. It seems that mail in and absentees voting rules and provision are meant to encourage citizens to vote in person instead of dealing with tons of important revisions to ensure one’s vote is not rejected on technicalities. It is both the state’s responsibility to ensure voters are aware of requirements and it is the voter’s responsibility to ensure they know what needs to be completed for their ballots.
Source:
https://www.usnews.com/news/best-states/pennsylvania/articles/2022-11-05/suit-seeks-to-have-mail-in-votes-lacking-dates-counted
Jocelyn Duallo is a double major in Mathematical Finance and IT Management, Seton Hall University Stillman School of Business, Class of 2024.