The Controversial Issue of Pennsylvania Mail-In Ballots with Incorrect Dates: A Legal Battle with Implications for the 2024 Presidential Election

The mail-in ballot system, which gained significant popularity during the COVID-19 pandemic, has been a subject of intense debate and controversy in the United States. One of the most contentious issues surrounding mail-in ballots is the requirement for voters to include accurate dates on the outside envelopes. In Pennsylvania, a federal appeals court is currently deciding whether mail-in ballots with incorrect dates on their envelopes should be counted or discarded. This case, which could have significant implications for the 2024 presidential election, has sparked heated discussions among political figures, legal experts, and the public.

More than 10,000 mail-in ballots in Pennsylvania were disqualified in 2022 due to inaccurate dates on their envelopes. Voter groups, represented by the American Civil Liberties Union (ACLU), argue that this is a meaningless paperwork error that should not disenfranchise voters. They claim that the “materiality provision” of the 1964 Civil Rights Act was designed to prevent such technicalities from denying eligible voters the right to cast their ballots.

However, Republican groups argue that the right to vote is not denied when the state qualifies someone to vote, sends them a ballot, and then rejects the ballot because they failed to follow Pennsylvania law. They contend that the date on the envelope is a crucial piece of information that helps elections officials determine whether the ballot was received in time and whether the voter is qualified to cast a ballot.

The debate over the significance of the date on the envelope reached the 3rd U.S. Circuit Court of Appeals in Philadelphia on February 20, 2024. During the oral arguments, Ari Savitzky, a lawyer representing the voter groups, argued that an immaterial mistake on a piece of paperwork does not affect the validity of the ballot itself. He emphasized that the date is not used by elections officials to determine whether the ballot was received in time or whether the voter is qualified to vote.

U.S. Circuit Judge Cindy K. Chung, who was appointed to the bench by President Joe Biden, questioned where judges should draw the line between meaningless and material errors that can render the ballots invalid. She asked whether there is a difference between non-compliance, where the voter totally leaves off the date, and imperfect compliance, where the voter has the date but got the year wrong.

John M. Gore, a lawyer representing the Republican groups, argued that the state should not be allowed to disenfranchise voters over meaningless mistakes. He emphasized that the voter’s right to vote is not denied when the state qualifies them to vote, sends them a ballot, and then rejects the ballot because they failed to follow Pennsylvania law.

The implications of this case extend beyond Pennsylvania, as it could set a precedent for other states with similar mail-in ballot requirements. The partisan divide over mail-in ballots has been a significant issue in recent elections, with Democrats generally supporting expanded access to mail-in ballots and Republicans expressing concerns about potential voter fraud.

In Pennsylvania, Democrats have been more likely to vote by mail than Republicans under the expanded mail-in ballot rules enacted in 2019. The consequences of these rules became more pronounced during the COVID-19 pandemic, and the partisan vote-by-mail gap was widened by President Donald Trump’s opposition to mail-in ballots during his failed 2020 reelection campaign.

U.S. District Judge Susan Paradise Baxter, a Trump appointee, ruled last year that county boards of election may no longer reject mail ballots that lack accurate, handwritten dates on their return envelopes. She argued that the date is irrelevant in helping elections officials decide whether the ballot was received in time or whether the voter is qualified to cast a ballot.

The Pennsylvania groups challenging the date mandate argue that it allows the state to disenfranchise voters over meaningless mistakes, violating provisions of the U.S. Civil Rights Act of 1964. The suit was filed by state chapters of the NAACP, the League of Women Voters, Common Cause, the Black Political Empowerment Project, and other groups.

Baxter responded by stating that elections officials do not use the date on the outer envelope to determine whether the vote should be counted. She wrote that the important date for casting the ballot is the date the ballot is received.

The debate over mail-in ballots with incorrect dates is just one of the many contentious issues surrounding the mail-in ballot system. As the 2024 presidential election approaches, the controversy over mail-in ballots is likely to continue, with both sides passionately advocating for their respective positions. The outcome of this legal battle in Pennsylvania could have significant implications for the election and the future of mail-in ballots in the United States.

In conclusion, the issue of Pennsylvania mail-in ballots with incorrect dates on their envelopes is a complex legal matter with significant implications for the 2024 presidential election. The debate over the significance of the date on the envelope has sparked heated discussions among political figures, legal experts, and the public. The outcome of this legal battle could set a precedent for other states with similar mail-in ballot requirements and could have significant implications for the future of mail-in ballots in the United States. As the 2024 presidential election approaches, the controversy over mail-in ballots is likely to continue, with both sides passionately advocating for their respective positions.