The Pennsylvania Supreme Court ruled on Monday that undated and misdated ballots cannot be counted in the state’s U.S. Senate race recount. The ruling comes after Democrat election officials attempted to disregard the court’s previous ruling against ineligible ballots.
Monday’s Pennsylvania Supreme Court order states, “All Respondents, including the Boards of Elections in Bucks County, Montgomery County, and Philadelphia County, SHALL COMPLY with the prior rulings of this Court in which we have clarified that mail-in and absentee ballots that fail to comply with the requirements of the Pennsylvania Election Code … SHALL NOT BE COUNTED for purposes of the election held on November 5, 2024.”
The Pennsylvania Supreme Court’s decision comes after Democratic election commissioners voted last week to allow undated and misdated ballots to be counted as part of the state election recount in the 2024 race between Sen. Bob Casey (D-Pa.), and Senator-elect Dave McCormick (R-Pa.). The Post Millennial reported that the recount, which is automatically triggered in the state if the candidates are separated by less than half a percentage point, started on Monday and is expected to conclude by November 26.
Last week, Democratic Bucks County Commissioner Diane Ellis-Marseglia disregarded the state supreme court’s previous ruling against counting undated or misdated ballots, saying, “I think we all know that precedent by a court doesn’t matter anymore in this country.”
READ MORE: Video: Pa. election officials violate law to aid Democrat’s recount effort
“People violate laws anytime they want,” Ellis-Marseglia added. “So, for me, if I violate this law, it’s because I want a court to pay attention to it.”
According to The New York Times, Monday’s ruling by the Pennsylvania Supreme Court is expected to affect the counting of 600 ballots in Philadelphia County, 400 Ballots in Bucks County, and an unknown number of ballots in Montgomery County.
Fox News reported that Gov. Josh Shapiro (D-Pa.) signaled his support for the state supreme court’s decision on Monday, saying, “Any insinuation that our laws can be ignored or do not matter is irresponsible and does damage to faith in our electoral process.”
“The rule of law matters in Pennsylvania,” Shapiro added. “It is critical for counties in both parties to respect it with both their rhetoric and their actions.”
After Monday’s ruling, Republican National Committee Chairman Michael Whatley issued a statement on X, formerly Twitter, saying, “Following our latest RNC lawsuit, today the Pennsylvania Supreme Court ruled yet again that undated ballots CANNOT BE COUNTED. 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.”
