For Recount, Pennsylvania Supreme Court Reaffirms Mail-In Ballots Must Be Dated to Be Counted

The Pennsylvania Supreme Court again ruled that mail-in ballots must be properly dated to be counted, a boost for Republican Dave McCormick in a recount battle against Democratic Sen. Bob Casey, who is struggling to hold onto his Senate seat. 

“Following our latest RNC [Republican National Committee] lawsuit, today, the Pennsylvania Supreme Court ruled yet again that undated ballots CANNOT BE COUNTED,” Republican National Committee Chairman Michael Whatley posted on X Monday afternoon. 

“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,” Whatley continued. 

Nearly every news organization has projected that McCormick won the tight race. The current vote tally shows McCormick with 3,380,310 votes, or 48.93% of the total, to Casey’s 3,350,972 votes, or 48.5%. The deadline for the recount is just before Thanksgiving.

On Nov. 1, the state’s high court determined that mail-in ballots must be properly dated to count in the Nov. 5 election. The law requires that when a voter returns his ballot by mail, he must sign and date the envelope. However, Democratic officials in some counties have sought to count undated or incorrectly dated ballots.

“I think we all know that precedent by a court doesn’t matter anymore in this country, and people violate laws anytime they want,” said Bucks County Commissioner Diane Ellis-Marseglia on Thursday. “For me, if I violate this law, it’s because I want a court to pay attention to it.”

The state’s Supreme Court paid attention to it and on Monday, ruled that all 67 county boards of elections in the state must comply with its Nov. 1 ruling. 

Without a date on a ballot, it’s not clear whether a vote was cast on or before Election Day. Arguing Thursday morning before the state Supreme Court, the Pennsylvania Republican Party opposed counting undated ballots. 

Casey posted on X Monday that the accuracy of the vote count is more important than expediency.  

“Pennsylvanians deserve to trust that when they cast a vote legally, it is counted,” the senator said in the post. “Regardless of the final result, I am committed to ensuring Pennsylvanians’ voices are heard.”