As voting kicks off in Pennsylvania for the upcoming general election, unresolved legal questions surrounding mail-in ballots threaten to impact the swing state’s crucial role in determining the outcome of the presidential race. The issues stem from what are now termed “undated ballots” and “naked ballots,” focusing on how to handle absentee ballots that are returned on time but fail to meet all the procedural requirements for getting counted.
State law mandates that completed mail-in ballots must be sent back inside two envelopes: an inner secrecy envelope and an outer envelope. Voters are also required to sign and date the outer envelope. While election officials don’t use the handwritten date to verify the ballot’s deadline, thousands of ballots in previous elections have been discarded for not complying with the dating requirement.
Although voters whose mail-in ballots are rejected can cast provisional ballots at polling stations, one county’s Republican Party is pushing to block the counting of provisional ballots for voters who failed to include a secrecy envelope with their mail-in ballots.
Republican groups argue that ballots failing to meet the rules should not be counted, while voting rights advocates maintain that state and federal laws safeguard eligible Pennsylvanians’ right to vote, even if they make minor errors.
This legal battle comes as mail-in voting has surged in popularity since Pennsylvania opened the method to all registered voters in 2019 with bipartisan support. In recent elections, Democrats have disproportionately used mail-in ballots more than Republicans, further politicizing the issue.
The state legislature’s bipartisan advisory board on election law has recommended rewriting the rules to reduce confusion and litigation. However, partisan gridlock has prevented such changes. Meanwhile, election officials have redesigned ballot envelopes to help voters better identify the yellow secrecy envelopes and remember the date requirement.
With less than six weeks until the final day of voting, courts face tight deadlines to resolve the lawsuits. Election offices are already under pressure from a state law that prevents processing mail-in ballots before 7 a.m. on Election Day, which could delay results.
Key Issues in the Legal Debate
How will courts handle “undated” and incorrectly dated ballots?
The Pennsylvania Supreme Court recently ruled that ballots missing the required date or containing an incorrect one should not be counted. However, new lawsuits filed by voting rights groups are pushing for a review of this decision, both at the state and federal levels. The U.S. Supreme Court is expected to weigh in on whether rejecting such ballots violates the Civil Rights Act of 1964, which prohibits voter disenfranchisement due to non-material errors.
What happens to “naked ballots” without secrecy envelopes?
A state court ruled that provisional ballots cast by voters whose mail-in ballots were rejected for lacking secrecy envelopes should be counted. This decision, however, is being challenged by the Republican National Committee in an appeal to the Pennsylvania Supreme Court. The GOP argues that allowing these ballots effectively creates a “notice and opportunity to cure” process not sanctioned by state law. The high court will now decide if these provisional ballots should be disqualified.
The outcome of these legal disputes could significantly shape Pennsylvania’s electoral process, influencing not only the state’s results but also the national race. With election day fast approaching, the resolution of these issues is critical to ensuring a clear and consistent voting process across the state.
