Last month the Third US Circuit Court of Appeals ruled that mail-in ballots with no dates cannot be counted by Pennsylvania election officials.
Democrats use this tactic frequently to add more ballots to their candidate’s totals following election day.
“Mailed ballots that arrive on time but in envelopes without dates handwritten by Pennsylvania voters or with incorrect dates should not be counted, a three-judge panel of the 3rd U.S. Circuit Court of Appeals ruled Wednesday. Their 2-1 decision strikes down a lower court ruling.” NPR reported last month.
“The main legal issue surrounding what are often called “undated ballots” is whether not tallying them violates the Civil Rights Act of 1964, which says a person’s right to vote cannot be denied for “an error or omission” that is “not material” in determining voting eligibility.” NPR reported.
Democrat lawyers requested an en banc review (a decision from the court’s entire slate of judges) and the appeals court ruled against them.
In a 9-4 vote, the Third Circuit Court of Appeals on Tuesday denied a request for en banc review to reconsider whether the date requirement for mail-in ballots is enforceable in Pennsylvania.
Tuesday’s decision will likely send the fight to the US Supreme Court.
JUST IN: On a 9-4 vote, 3rd Circuit denies en banc review in PA case about whether date requirement for absentee ballots is enforceable Doc: https://t.co/IDYaXq2Wwg 3rd Cir Panel held 2-1 last month it is enforceable under federal law https://t.co/3RI6p96Nuo
— Josh Gerstein (@joshgerstein) April 30, 2024
The Democrats used mail-in ballots to steal Pennsylvania for Joe Biden in 2020.
Recall that in 2020 the Pennsylvania Supreme Court ruled that mail-in/ballots with no dates or handwritten names/addresses on the outer envelopes can be counted.
In 2020 Trump’s legal team argued that the General Assembly set forth in the Election Code the requirements for how a qualified elector can cast a mail-in or absentee ballot.
A voter is required to “fill out, date, and sign” the declaration on the outside envelope the Trump campaign argued (citing 25 P.S. §§ 3146.6(a) and 3150.16(a)).
The Trump campaign argued that the Pennsylvania Supreme Court has repeatedly ruled that the requirements of the sections of Election Code impose mandatory obligations that the ballots cast falling short of these requirements cannot be counted.
The Philadelphia Board actually argued that the Election Code set forth by the General Assembly does not require them to set aside “timely-filed ballots” for “merely missing handwritten names, street addresses, and/or dates on the signed voter declaration.”
The Pennsylvania Supreme Court shot down the Trump campaign’s argument and said voters failing to fill out their name/address and date on the envelope is just a “technical violation” of the Election Code and does not “warrant the wholesale disenfranchisement of thousands of Pennsylvania voters.”
In October 2020, the US Supreme Court declined to block a Pennsylvania state court ruling that allowed mail-in ballots to be counted even if they arrive days after Election Day.
