Pennsylvania Supreme Court Reiterates That Undated Ballots Cannot Be Counted After Dems Defy Order

The Pennsylvania Supreme Court ruled in favor of Republicans again on Monday, reiterating that counties must reject undated and misdated ballots after Democrat election officials openly defied the order last week.

The order comes as Pennsylvania begins a recount of the race between Democratic Sen. Bob Casey and Republican Dave McCormick. Casey has yet to concede after multiple outlets, including the Associated Press and Decision Desk HQ, called the race for McCormick.

Last week, Democrats in the Bucks County Office of Commissioners rejected their Republican colleague’s motion to stop “noncompliant” ballots from being counted. The Democrats’ move came after the commonwealth’s Supreme Court granted the GOP’s request to block the counting of mail ballots without dates.

Philadelphia and Montgomery counties, two of Pennsylvania’s most populous counties, also voted to count hundreds of undated ballots in recent days, The Hill reported. The Pennsylvania Supreme Court, however, rebuked those counties’ decisions and granted the GOP’s request that undated and misdated ballots be immediately excluded.

“It is critical to the rule of law that individual counties and municipalities and their elected and appointed officials, like any other parties, obey orders of this Court,” Justice David Wecht wrote in a 4-3 decision, according to The Hill. Casey’s campaign intervened to oppose the effort to stop undated mail ballots from being counted.

The latest order from the Pennsylvania Supreme Court says that all election boards in the commonwealth “including the Boards of Elections in Bucks County, Montgomery County, and Philadelphia County, SHALL COMPLY with the prior rulings of this Court in which we have clarified that mail-in and absentee ballots that fail to comply with the requirements of the Pennsylvania Election Code … SHALL NOT BE COUNTED for purposes of the election held on November 5, 2024.”

Republican National Committee Chairman Michael Whatley wrote, “Following our latest RNC lawsuit, today the Pennsylvania Supreme Court ruled yet again that undated ballots CANNOT BE COUNTED. No more excuses. Election officials in Bucks, Montgomery, Philadelphia, and other counties have absolutely no choice but to reject illegal ballots. We will hold them to it. Protect The Vote!”

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McCormick defeated Casey by just over 17,000 votes, according to the AP, which is within the margin that triggers an automatic recount. The recount, which will cost Pennsylvanians over $1 million, could have been waived if Casey conceded defeat and opted to move on with the initial results. McCormick’s team remains confident that Casey has no path to victory.

“Senator-elect McCormick’s lead is insurmountable, which the AP made clear in calling the race,” McCormick spokeswoman Elizabeth Gregory said in a statement. “A recount will be a waste of time and taxpayer money but it is Senator Casey’s prerogative. Senator-elect McCormick knows what it’s like to lose an election and is sure Senator Casey will eventually reach the right conclusion.”