Politics
BREAKING: Democrat Effort To Count Illegal Ballots Smacked Down By PA Supreme Court
The Pennsylvania Supreme Court ruled 4-3 on Monday to prohibit the counting of mail-in ballots that were either undated or incorrectly dated. The ruling, which comes amid a tight U.S. Senate race, effectively secures Republican Dave McCormick’s victory over Democratic incumbent Bob Casey. The court’s decision could mark the culmination of a contentious legal battle over the validity of improperly marked mail-in ballots, although Democrats in four counties disobeyed a similar order previously.
The justices’ majority opinion said that the ballots will not be counted in the November 5 election. Republican-aligned Justices Kevin Brobson and Sallie Updyke Mundy joined Democratic Justices Kevin Dougherty and David Wecht to form the majority. In two strongly worded concurring opinions, the justices criticized certain counties for moving forward with counting these ballots despite long-standing controversies surrounding their legality.
The ruling was 4-3, with Justices Kevin Brobson (R), Sallie Updyke Mundy (R), Kevin Dougherty (D) and David Wecht (D) ruling against counting the faultily dated ballots. In two concurring statements, they seemed big mad at the counties for even considering counting them. https://t.co/PVj4P9isD7 pic.twitter.com/FB0vgvQw1F
— Stephen Caruso (@StephenJ_Caruso) November 18, 2024
Justice Christine Donohue authored the dissenting opinion, joined by fellow Democrats Dan McCaffrey and Chief Justice Debra Todd. The dissent argued that challenges to the ballots’ validity should be resolved on a county-by-county basis in local courts. However, the majority’s ruling supersedes this approach, providing a statewide directive that all improperly dated mail ballots be excluded from vote totals.
The dissenting opinion was written by Justice Christine Donohue (D), and co-signed by Dan McCaffrey (D) and Chief Justice Debra Todd (D). It focused on process, arguing local courts should have ruled on these challenges county by county. pic.twitter.com/52AMscJjdF
— Stephen Caruso (@StephenJ_Caruso) November 18, 2024
The legal dispute centers around mail-in ballots that failed to meet Pennsylvania’s requirements for dating the outer envelope. Spotlight PA reported that at least three counties—including Philadelphia, Bucks, and Centre—counted these ballots in defiance of prior guidance. Republican groups, including the Republican National Committee and the Pennsylvania GOP, swiftly filed lawsuits, urging the state Supreme Court to intervene.
As of Friday afternoon, fewer than 23,000 votes separated McCormick from Casey. With counties in the final stages of certifying results and preparing for a recount, the exclusion of these ballots is expected to tip the scales decisively in McCormick’s favor.
The PA Supreme Court has ruled: STOP counting the illegal mail-in ballots.
Several counties segregated the mis-dated/illegal ballots. The ruling should mean that the vote totals will update… because they include illegal ballots.
McCormick wins. pic.twitter.com/tXtK0Pi1N1
— Eric Daugherty (@EricLDaugh) November 18, 2024
The Supreme Court’s decision is a blow to Democratic efforts to expand mail-in voting—a key focus of the party in recent elections. Republican leaders hailed the ruling as a victory for election integrity.
In their concurring opinions, the majority of justices expressed their frustration with counties that chose to count these ballots despite ongoing legal uncertainty. Counties will now be required to segregate and exclude all undated or misdated ballots from their certified vote totals. The adjustment is expected to solidify McCormick’s victory in the Senate race, cementing Republican control over the key battleground seat.
For Democrats, the ruling represents another setback this election season. The decision ensures that only ballots meeting Pennsylvania’s statutory requirements will count, a precedent likely to influence future legal battles over mail voting nationwide.
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