Pennsylvania Philadelphia Undated and Wrongly Dated Mail-in Ballots Challenge

Lawsuit filed by two voters against the Philadelphia County Board of Elections challenging the board’s decision to not count mail-in ballots submitted with undated or wrongly dated outer envelopes. The voters claim that the board rejected 69 mail-in ballots that were cast in the September 2024 special election for two state house districts due to a missing or incorrect handwritten date on the ballot’s outer envelope. The voters argue that the board’s decision violates Pennsylvania law and ask the court to order the board to count the 69 mail-in ballots cast in the September 2024 special election. 

On Sept. 27, the court ordered the board to count the undated and misdated  mail-in ballots in the special election results. The board as well as the Republican intervenors appealed the trial court’s decision on Oct. 1. 

On Oct. 30, 2024, the Commonwealth Court of Pennsylvania affirmed the Court of Common Pleas’ decision ordering the Philadelphia Board of Elections to count the undated and misdated mail-in ballots in the special election results. On Oct. 31, the Republican National Committee appealed the ruling to the Pennsylvania Supreme Court and asked it to pause the ruling pending appeal.

STATUS: On Nov. 1, 2024, the Pennsylvania Supreme Court granted the Republican National Committee’s request to pause the ruling pending appeal. The Philadelphia County Board of Elections will not count undated and misdated mail-in ballots from the September special election or the November 2024 general election. On Nov. 12, the RNC asked the state Supreme Court to review the case in full.

Last updated: November 12, 2024 1:21 pm EST