Democrats Lose After Appeals Court Denies Request to Reconsider Whether Date Requirement for Mail-In Ballots is Enforceable in Pennsylvania

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Last month the Third US Circuit Court of Appeals ruled that mail-in ballots with no dates cannot be counted by Pennsylvania election officials.

Democrats use this tactic frequently to add more ballots to their candidate’s totals following election day.

“Mailed ballots that arrive on time but in envelopes without dates handwritten by Pennsylvania voters or with incorrect dates should not be counted, a three-judge panel of the 3rd U.S. Circuit Court of Appeals ruled Wednesday. Their 2-1 decision strikes down a lower court ruling.” NPR reported last month.

“The main legal issue surrounding what are often called “undated ballots” is whether not tallying them violates the Civil Rights Act of 1964, which says a person’s right to vote cannot be denied for “an error or omission” that is “not material” in determining voting eligibility.” NPR reported.

Democrat lawyers requested an en banc review (a decision from the court’s entire slate of judges) and the appeals court ruled against them.

In a 9-4 vote, the Third Circuit Court of Appeals on Tuesday denied a request for en banc review to reconsider whether the date requirement for mail-in ballots is enforceable in Pennsylvania.

Tuesday’s decision will likely send the fight to the US Supreme Court. more