The Court reiterates that undated or misdated ballots cannot be counted, despite attempted defiance in some counties.
The Pennsylvania Supreme Court reaffirmed its decision on Monday, ruling in a 4-3 vote that undated or misdated mail-in and absentee ballots must not be counted in the state’s election results. This marks the third time the court has issued this ruling. The decision comes amid ongoing disputes surrounding the Pennsylvania Senate race and has sparked controversy across both major political parties.
As of two weeks after the 2024 election, the closely watched recount for the contested Pennsylvania Senate seat has officially begun. Republican challenger Dave McCormick leads incumbent Democratic Senator Bob Casey by approximately 17,000 votes, within the narrow 0.5% margin that automatically triggers a recount under state law. The recount is expected to conclude by November 26, with the results due to the Secretary of State by the following day. However, the recount has already been overshadowed by disputes over contested ballots and claims of legal violations.
While McCormick has been declared the winner of the race by many, Casey has refused to concede, citing unresolved issues over disputed ballots. Democratic officials in Philadelphia and nearby counties, including Bucks, Centre, and Montgomery, have openly defied the court’s rulings and expressed their intent to count ballots that were improperly dated or lacked required signatures. These actions have drawn sharp criticism from Republican leaders, including Pennsylvania GOP Chair Lawrence Tabas, who decried the actions as “absolute lawlessness.”
At a meeting on Thursday, Bucks County Democratic Commissioner Diane Ellis-Marseglia justified the decision, stating that rejecting votes over clerical errors would violate citizens’ constitutional rights. “There’s nothing more important than counting votes,” she said. However, her stance has raised concerns among Republicans, who argue that such defiance undermines the rule of law and could jeopardize the integrity of the election process.
Republican National Committee Chairman Michael Whatley was outspoken in his condemnation, accusing Democratic officials of attempting to manipulate the outcome by counting illegal ballots. “Let’s be clear about what’s happening here: Democrats in Pennsylvania are brazenly trying to break the law by attempting to count illegal ballots. They are doing this because they want to steal a Senate seat,” Whatley wrote on X, the platform formerly known as Twitter.
With the Pennsylvania Supreme Court’s decision reinforcing the previous rulings, the pressure on local election officials to comply has intensified. Republican leaders have pledged to take legal action against any officials who continue to defy the court’s order, further escalating the already contentious political climate.
As the recount continues, the situation remains tense, with both parties anticipating the final outcome and preparing for additional legal challenges.
