The Pennsylvania Supreme Court delivered a bombshell ruling on Monday, deciding 4-3 to bar the counting of undated or misdated mail-in ballots in the tight U.S. Senate race between Republican Dave McCormick and Democratic incumbent Bob Casey. With fewer than 23,000 votes separating the candidates, the court’s decision all but guarantees McCormick’s victory, delivering a major win for Republicans and a hard lesson for Democrats banking on mail-in voting.
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
The court’s majority opinion, formed by a mix of Republican and Democratic justices, ruled that improperly dated mail ballots are invalid under state law and cannot be included in certified vote totals. This isn’t just a technicality—it’s a legal smackdown that addresses ongoing defiance by Democratic-controlled counties like Philadelphia, Bucks, and Centre. These counties openly ignored previous guidance and counted the disputed ballots anyway, prompting Republican groups to escalate the fight to the state’s highest court.
Justice Christine Donohue led the dissent, arguing that these challenges should be resolved by local courts on a county-by-county basis. But the majority saw things differently, issuing a statewide mandate to exclude these ballots. For Republicans, this ruling is a validation of their push for election integrity. For Democrats, it’s yet another hurdle in their quest to expand mail-in voting, a pillar of their election strategy in recent years.
This case revolves around the seemingly simple act of dating the outer envelope of mail-in ballots, a requirement under Pennsylvania law. Democrats have long argued that minor technicalities like this shouldn’t disenfranchise voters, but Republicans counter that rules are rules, and ignoring them opens the door to potential fraud or inconsistent standards. The court clearly sided with the latter argument, emphasizing the importance of uniformity and legal compliance in elections.
The implications of this decision go beyond this one race. It sets a precedent that could ripple through future elections, especially in battleground states where mail-in voting is hotly contested. Meanwhile, Democrats are left scrambling to regroup as another attempt to expand mail voting hits a legal brick wall.
With counties now required to exclude these ballots and finalize their certifications, McCormick’s victory solidifies Republican control of a key Senate seat in Pennsylvania. It’s a stinging defeat for Democrats and a reminder that the finer details of election law can swing the balance of power in high-stakes races.
The PA Supreme Court has ruled: STOP counting the illegal mail-in ballots.
Several counties segregated the mis-dated/illegal ballots. This 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
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