Undated mail-in ballots will not be counted in Pennsylvania, even if they arrive to election officials on time.
The legal question is whether “undated ballots” violate the Civil Rights Act of 1964, which says one’s right to vote cannot be denied for “an error or omission” that is “not material.” A three-judge panel in a U.S. Circuit Court of Appeals struck down a lower court ruling in favor of counting undated ballots.
“The Provision does not apply to rules, like the date requirement, that govern how a qualified voter must cast his ballot for it to be counted,” Judge Thomas Ambro wrote in the opinion.
“The Pennsylvania General Assembly has decided that mail-in voters must date the declaration on the return envelope of their ballot to make their vote effective,” Ambro said. “The Supreme Court
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