Pennsylvania S. Ct. Rejects Challenges to Certain Mail-In Ballots
From Justice Christine Donohue’s 3-Justice plurality opinion today (joined by Justices Max Baer and Debra Todd) in In re: Canvass of Absentee & Mail-In Ballots (Appeal of: Donald J. Trump for President, Inc.):
These appeals present the question of whether the Election Code requires a county board of elections to disqualify mail-in or absentee ballots submitted by qualified electors who signed the declaration on their ballot’s outer envelope but did not handwrite their name, their address, and/or a date, where no fraud or irregularity has been alleged. Pursuant to our longstanding jurisprudence, central to the disposition of these appeals is whether the information is made mandatory by the Election Code or whether the inclusion of the information is directory, i.e., a directive from the Legislature that should be followed but the failure to provide the information does not result in invalidation of the ballot….
[W]e conclude that the Election Code does not require boards of elections to d
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