Under state law, mail-in ballots cannot be counted until Election Day, likely delaying the announcement of final results in the closely contested presidential race, according to the Pennsylvania Secretary of State.
In a move that could have significant implications for the upcoming presidential election, Pennsylvania's Secretary of State Al Schmidt has warned voters not to expect final election results on Election Night due to delays in the counting of mail-in ballots.
Under Pennsylvania law, mail-in ballots cannot be counted until 7 a.m. on Election Day, November 5th. This restriction on pre-canvassing, as it's known, means that a substantial number of ballots will be counted after polls close, potentially prolonging the vote-counting process.
Pennsylvania Voters Advised to Brace for Delayed Election Results Due to Mail-In Ballot Counting Delays
The state's Supreme Court has also ruled that mail-in ballots without the correct dates on envelopes cannot be counted, a decision that could affect the outcome of the election given the high volume of mail-in voting expected. The ruling came in response to a lawsuit filed by left-leaning groups challenging a lower court decision that had halted enforcement of the date requirement.
The court ruled on procedural grounds, stating that the lower court lacked jurisdiction to review the matter since it did not involve election boards in all 67 counties. The Commonwealth Court had previously halted enforcement of the handwritten dates on exterior envelopes, but Friday's ruling now means that mail-in ballots must have the correct dates to be counted.
Pennsylvania Voters Advised to Brace for Delayed Election Results Due to Mail-In Ballot Counting Delays
Republicans have welcomed the ruling as a victory for voter integrity, while voting rights advocates have expressed concern about the impact it could have on voter participation. President Joe Biden won the state by over 80,000 votes in 2020, and both he and former President Donald Trump have been campaigning heavily in Pennsylvania in the run-up to this year's election.
In the April primary, over 800,000 people requested mail ballots, and nearly 16,000 were disqualified for irregularities. Almost half of the disqualified ballots were due to issues such as missing signatures or incorrect dates on envelopes.
Pennsylvania Voters Advised to Brace for Delayed Election Results Due to Mail-In Ballot Counting Delays
Around 2.5 million Pennsylvanians voted by mail in 2020, a record number. Republicans have filed lawsuits seeking to declare universal mail-in voting unconstitutional, but these efforts have been unsuccessful so far.
The Republican National Committee (RNC) Chairman Michael Whatley has praised the Friday ruling as a "huge" win for election integrity. However, the American Civil Liberties Union (ACLU) has criticized the decision, saying it will disenfranchise eligible voters who cast their ballots on time but made minor paperwork errors.
Pennsylvania Voters Advised to Brace for Delayed Election Results Due to Mail-In Ballot Counting Delays
The ruling was decided by a 4-3 vote, with two Democrats joining the two Republicans on the Supreme Court to vacate the Commonwealth Court decision. Three Democratic justices dissented, arguing that the high court should have taken up the dispute and ruled on the matter based on written briefs.
Prior to the 2020 election, Republicans unsuccessfully sought to prevent mail-in ballots received after election day from being counted. The Supreme Court ultimately sided with the Pennsylvania Supreme Court decision allowing ballots to be counted if they were received within three days of election day, even if they did not have a legible postmark.
The Associated Press and Reuters contributed to this report.
