Mail-in Ballots Just Became a Legal Problem for Pennsylvania…Again

Ahead of November’s midterm elections now just three weeks away, the Republican National Committee — joined by the National Republican Congressional Committee, Republican Party of Pennsylvania, and several Keystone State voters — has filed a lawsuit against the Commonwealth of Pennsylvania to prevent the counting of mail-in ballots that don’t meet explicit state requirements.

In a joint statement, RNC Chairwoman Ronna McDaniel, NRCC Chairman Rep. Tom Emmer (R-MN), PAGOP Chairman Lawrence Tabas noted “as the Pennsylvania legislature and U.S. Supreme Court have made clear, undated mail-in ballots should not be counted” and pledged that “Republicans are holding Pennsylvania Democrats accountable for their brazen defiance of the Supreme Court and the rules duly set by the legislature.”

“Pennsylvania Democrats have a history of election integrity failures and Pennsylvanians deserve better,” the joint statement continued. “This lawsuit is the latest step in Republican efforts to promote free, fair, and transparent elections in the Keystone State.”

As the Republicans’ lawsuit explains, Pennsylvania requires that “a voter who uses an absentee or mail-in ballot ‘shall…fill out, date and sign the declaration’ printed on the outer envelope of the ballot.” The Pennsylvania Supreme Court has previously upheld that law, ruling any absentee or mail-in ballot that does not comply with the law “is invalid and cannot be counted in any election after the 2020 general election.”

What’s more, Pennsylvania’s official election information portal explicitly explains that ballots submitted without the declaration section on the return envelope properly completed “will not be counted.”

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