A unanimous panel of the 3rd U.S. Circuit Court of Appeals ruled that Pennsylvania may not reject mail-in ballots whose return-envelope dates are missing or incorrect, finding the practice violates the First and Fourteenth Amendments. The 3–0 decision by Judges Patty Shwartz, Cindy Chung Freeman and D. Brooks Smith upholds a challenge brought by national Democratic campaign committees and reverses state provisions that have led counties to discard thousands of ballots in recent elections. The court held that the dating requirement is not material to a voter’s eligibility and therefore runs afoul of federal protections against disenfranchisement. Pennsylvania officials must now count all timely received mail ballots regardless of envelope date errors, unless the ruling is stayed. Republican strategists criticized the decision and signaled they will seek expedited review at the U.S. Supreme Court, which has previously allowed undated ballots to be tallied in limited circumstances. Separately in Arizona, Pima County Superior Court Judge Wayne Yehling denied candidate Sadie Shaw’s bid for a new Tucson City Council Ward 3 Democratic primary, clearing the way for an automatic recount. Incumbent Councilman Kevin Dahl holds a 19-vote lead; election officials expect the recount to begin this week.
BREAKING: Pennsylvania is banned from rejecting any mail-in ballots that are illegally dated, 3rd Circuit Court of Appeals rules.
🚨 BREAKING: In an outrageous ruling, the 3rd Circuit Court of Appeals decides 3-0 that Pennsylvania is banned from rejecting any mail-in ballots that are illegally dated. A ridiculous loss for election security. Bring it to SCOTUS. "The ballot is a building block of our https://t.co/XaTtYrbAqN
BREAKING: 3rd Circuit Court of Appeals rules that tossing mail-in ballots over missing or incorrect envelope dates violates the Constitution, siding with the Democratic senate and congressional campaign committees https://t.co/nalRE9oIXO