The Pennsylvania Supreme Court ruled 4-3 on Monday to bar the counting of mail-in ballots that were undated or incorrectly dated, a decision that solidifies Republican Dave McCormick’s victory over Democratic incumbent Bob Casey in the closely contested U.S. Senate race. The ruling may conclude a heated legal dispute over the validity of improperly marked mail-in ballots, though some Democratic-leaning counties had defied a similar directive in the past.
In its majority opinion, the court declared that such ballots would not be counted in the November 5 election. Republican-aligned Justices Kevin Brobson and Sallie Updyke Mundy joined Democratic Justices Kevin Dougherty and David Wecht to form the majority. In two sharply worded concurring opinions, the justices criticized certain counties for proceeding with the counting of these ballots despite ongoing legal disputes over their validity.
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 dissenting opinion was written by Justice Christine Donohue (D), and co-signed by Dan McCaffrey (D) and Chief Justice Debra Todd (D). It focused on process, arguing local courts should have ruled on these challenges county by county. pic.twitter.com/52AMscJjdF
— Stephen Caruso (@StephenJ_Caruso) November 18, 2024
Justice Christine Donohue authored the dissenting opinion, with Democratic Justices Dan McCaffrey and Chief Justice Debra Todd joining. The dissent argued that disputes over the validity of the ballots should be addressed on a county-by-county basis in local courts. However, the majority’s decision overrides this approach, establishing a statewide directive to exclude all improperly dated mail ballots from the vote totals.
The legal battle revolves around mail-in ballots that failed to comply with Pennsylvania’s requirement to include properly dated outer envelopes. According to Spotlight PA, at least three counties—Philadelphia, Bucks, and Centre—counted these ballots despite earlier guidance advising against it. Republican groups, including the Republican National Committee and the Pennsylvania GOP, promptly filed lawsuits, urging the state Supreme Court to step in. As of Friday afternoon, fewer than 23,000 votes separated McCormick and Casey. With counties nearing the final stages of certifying results and preparing for a recount, the exclusion of these ballots is expected to decisively secure McCormick’s victory.
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
In their concurring opinions, the majority of justices voiced frustration with counties that chose to count these ballots despite the unresolved legal disputes. Counties are now mandated to segregate and exclude all undated or incorrectly dated ballots from their certified vote totals. This adjustment is expected to secure McCormick’s victory in the Senate race, solidifying Republican control over this critical battleground seat.
