Pennsylvania’s long-running dispute over dates on mail-in voting ballots is back in the courts

HARRISBURG, Pa. (AP) — A technical requirement that Pennsylvania voters write accurate dates on the exterior envelope of mail-in ballots was again the subject of a court proceeding on Thursday as advocates argued the mandate unfairly leads to otherwise valid votes being thrown out.

A five-judge Commonwealth Court panel heard about two hours of argument in a case that was filed in May, even though the date requirement has been upheld both by the state Supreme Court and the 3rd U.S. Circuit Court of Appeals.

The case was brought by the Black Political Empowerment Project, Common Cause and allied advocacy groups against the secretary of state and the elections boards in Philadelphia and Allegheny County, which includes Pittsburgh. They argued that enforcing the date requirement infringes upon voting rights and that none of the prior cases on the topic directly ruled whether it runs afoul of the state constitution’s Free and Equal Elections Clause.

The number of potentially invalid ballots at stake is a small fraction of the electorate, in the range of 10,000 or more across Pennsylvania in prior elections, and those voters tend to be comparatively older. Democrats have embraced voting by mail much more than Republicans since it was widely expanded in Pennsylvania in 2019 — months before the COVID-19 pandemic — as part of a legislative deal in which Democrats got universal mail-in voting while GOP lawmakers obtained an end to straight-ticket voting by party.

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