Federal Appeals Court Says Pennsylvania Ballot Date Requirement Violates Constitution

‘We are unable to justify the Commonwealth’s practice of discarding ballots contained in return envelopes with missing or incorrect dates,’ the court said.

Election workers process mail-in and absentee ballots at West Chester University in West Chester, Pa., on Nov. 4, 2020. Matt Slocum/AP Photo

Pennsylvania’s requirement that election officials reject ballots with missing dates violates the U.S. Constitution, a federal appeals court ruled on Aug. 26.

The requirement burdens the constitutional right to vote, and state officials have not provided enough evidence supporting their argument that state interests outweigh that burden, a unanimous panel of the U.S. Court of Appeals for the Third Circuit said.