Republicans Sue to Prevent Counting of Undated Ballots in Pennsylvania

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The state Supreme Court had earlier rejected an appeals court ruling that not counting undated ballots in a special election violated the state constitution.

Republicans have asked the Pennsylvania Supreme Court to intervene in the state’s Senate race, alleging that several counties are violating the court’s prior ruling by counting undated mail-in ballots.

“Democrats in Pennsylvania are brazenly trying to break the law by attempting to count illegal ballots,” Republican National Committee Chair Michael Whatley said in a post on X on Nov. 15.

“They are doing this because they want to steal a senate seat from @DaveMcCormickPA.”

Both Decision Desk HQ and The Associated Press have called the race for McCormick, who ran against long-term incumbent Sen. Bob Casey (D-Pa.).

However, because McCormick’s lead fell within a 0.5 percent margin, state law required a recount.

The state Supreme Court on Nov. 1 rejected an appeals court ruling that not counting undated ballots in a special election violated the state constitution.

Four counties—Bucks, Centre, Philadelphia, and Montgomery—have decided to nevertheless count the undated ballots, according to multiple outlets.

On Nov. 14, the Republican Party of Pennsylvania and the Republican National Committee asked the state Supreme Court to issue an order reaffirming that mail-in ballots must be dated for election boards to count them.

The lawsuit named all 67 counties in the state.

“Unfortunately, some county boards still have not gotten the message,” Republicans said in their petition for relief.

“Instead, they have voted to change election rules a week after the Nov. 5, 2024, Election Day and to count mail ballots that do not comply with the date requirement.

“These decisions violate both the Court’s recent orders and its unbroken line of precedent upholding mandatory application of the date requirement.”

Neil Makhija, a Democrat Montgomery County Commissioner, has defended counting the undated ballots while noting McCormick’s previous support for the practice.

“Under the [Pennsylvania] constitution’s free and equal elections clause, I believe every ballot cast by an eligible voter must be counted—including undated mail-ins,” he said in a post on Nov. 12.

He also pointed to the appeals court decision, stating that the state Supreme Court had “punted on the merits.”

The state Supreme Court decision on Nov. 1 came in response to Republicans’ request for emergency relief.

It halted the appeals court decision, which applied to a special election, while clarifying that it didn’t apply to the general election on Nov. 5.

“This stay is entered without prejudice to the filing and due consideration on the merits of any petition for allowance of appeal that the parties may file or the disposition of an appeal should this Court grant such petition,” the per curiam order read.

Billionaire Elon Musk, who successfully fought off a preelection lawsuit in Philadelphia, weighed in by saying on X that it was “unreal” how some were “trying to count illegal ballots in Pennsylvania.”

He linked to a video of Democrat Bucks County Commissioner Diane Ellis-Marseglia stating, “We all know precedent by a court doesn’t matter anymore in this country.”

“If I violate this law, it’s because I want the court to pay attention,” she added. “There is nothing more important than counting votes.”

According to local media, a Republican attorney raised the recent state Supreme Court decision while a Democrat attorney said the court’s recent rulings had not considered a due process argument about election workers disenfranchising voters through mistakes.

Republicans are projected to win 53 seats in the U.S. Senate—just enough to secure a slight majority as the chamber prepares to confirm President-elect Donald Trump’s nominees for various positions within the executive branch.

So far, at least two Republican senators have cast doubt on Rep. Matt Gaetz (R-Fla.) succeeding as Trump’s nominee to lead the Department of Justice.

The Associated Press reported that Sen. Thom Tillis (R-N.C.) said he thought Gaetz had “a lot of work to do to get 50 [votes],” while Sen. Lisa Murkowski (R-Alaska) said she didn’t “see him as a serious candidate.”

Sen. John Thune (R-S.D.), who was elected as the next senate majority leader, has floated the prospect of recess appointments if Democrats were uncooperative.