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What happened?
It is unconstitutional for Pennsylvania counties to reject mail ballots on the grounds that the envelopes are undated or misdated, a three-judge panel of the 3rd U.S. Circuit Court of Appeals ruled Monday in a long-running legal battle over the state’s mail ballot dating requirement.
The judges found the dating requirement to be a minimal burden on voters, but said there was not a sufficient state interest to justify enforcing it. “Weighing the burden that practice imposes on Pennsylvanians’ constitutional right to vote against the State’s interest in the practice, the balance of the scales leads us to hold that it does not comply with our Constitution,” the judges concluded unanimously, upholding a decision earlier this year from a federal district court judge.
What’s the dispute?
As Votebeat has previously reported, Act 77, the 2019 law that created no-excuse mail voting in Pennsylvania, says a person must sign and date the mail ballot return envelope for their vote to be counted, but election officials have said this date is not used for determining whether the ballot was received by Election Day.
Since then, some Pennsylvania counties have rejected thousands of ballots because the envelopes lacked a proper date, and counties have had varying policies about whether to notify voters and give them a chance to correct the error.
The validity of the dating requirement has been disputed for years, with state and federal courts going back and forth.
Who are the plaintiffs and what are they seeking?
An Erie County voter whose ballot was rejected in 2022 joined with Democratic Party groups and advocacy groups, including the American Federation of Teachers, Common Cause Pennsylvania, and the League of Women Voters of Pennsylvania, to challenge the enforcement of the dating requirement across Pennsylvania.
The Republican National Committee, the state Republican Party, and the Republican Party’s U.S. House campaign arm filed the latest appeal to defend the state’s dating requirement.
What happens now?
The ruling could be appealed to the U.S. Supreme Court.
Read more Votebeat coverage of the legal fight over Pennsylvania mail ballots:
- Pennsylvania can’t reject improperly dated ballots, federal court rules, March 31, 2025
- Pennsylvania Supreme Court to hear latest case over undated mail ballots Jan. 17, 2025
- Pennsylvania Supreme Court stops 3 counties from counting undated, incorrectly dated ballots, Nov. 18, 2024
- Philadelphia must count undated and misdated mail ballots from September election, Pa. court rules, Oct. 30, 2024,
- Pennsylvania Supreme Court restores date requirement for mail ballots, voiding lower-court ruling, Sept. 13, 2024
- Mail ballots can’t be rejected over improper date on envelope, Pennsylvania court rules, Aug. 30, 2024
- Pennsylvania’s rule on dating mail ballots faces new challenge in state court, May 29, 2024
Carrie Levine is Votebeat’s editor-in-chief and is based in Washington, D.C. Contact Carrie at clevine@votebeat.org.
