3rd Circuit Court of Appeals Declines to Reconsider Decision on Pennsylvania Mail-In Ballot Date Requirement

The 3rd U.S. Circuit Court of Appeals has made a final decision regarding mail-in ballots in Pennsylvania, ruling that ballots missing or with an incorrect date on their outer return envelope will not be counted. This decision comes after the court declined to reconsider the case challenging Pennsylvania’s date requirement.

Last month, a three-judge panel for the 3rd Circuit determined that the state’s date requirement does not violate the Materiality Provision of the Civil Rights Act, which aims to prevent disenfranchisement of voters for minor errors or omissions. This ruling has been a setback for voters in Pennsylvania, as the strict requirement was in place for the recent primary election and will continue to be enforced for the upcoming November elections.

While one of the plaintiffs’ claims has been sent back to the district court for further consideration, the overall decision stands. The plaintiffs argue that the date regulation violates the Equal Protection Clause of the 14th Amendment by imposing inconsistent rules on different voters without a legitimate government interest.

The rejection of mail-in ballots disproportionately affects lower-income and non-white communities, as well as Democratic voters, according to reports. In Philadelphia, voters from heavily non-white and lower-income areas are more likely to have their ballots rejected due to simple mistakes. Despite the plaintiffs’ request for a rehearing, the 3rd Circuit ultimately declined to reconsider its decision.

The rules surrounding voting in Pennsylvania will be a significant issue leading up to the 2024 presidential election. In a separate case, Pennsylvania Republicans are challenging the state’s new pro-voting policies by asking the U.S. Supreme Court to take a case that advances the radical independent state legislature theory. Currently, nine lawsuits seeking to restrict voting rights are pending in the state.

For more information on the court’s decision and the ongoing case, you can read the order denying the plaintiffs’ petition for rehearing en banc and learn more about the case here.