State of Pennsylvania

Pennsylvania Undated and Wrongly Dated Mail-In Ballots Challenge (BPEP)

Black Political Empowerment Project v. Schmidt

Lawsuit filed on behalf of 10 pro-voting groups against Pennsylvania Secretary of the Commonwealth Al Schmidt (R) and the boards of elections in Philadelphia and Allegheny counties challenging a state election law that disqualifies mail-in ballots due to incorrect or missing dates on the outer envelope. The pro-voting groups allege that this law has led to the disqualification of over 10,000 mail-in ballots since the 2022 election. The plaintiffs argue that disqualifying undated and wrongly dated mail-in ballots deprives Pennsylvania voters of the right to vote, in violation of the state constitution. The plaintiffs ask the court to find this law unconstitutional and block Pennsylvania election officials from enforcing it. On June 10, the court granted two sets of motions to intervene — one from the Republican National Committee (RNC) and the Republican Party of Pennsylvania and the other from the Democratic National Committee and the Pennsylvania Democratic Party. The Commonwealth Court held a hearing on Aug. 1, 2024. On Aug. 30, the Commonwealth Court ruled that rejecting undated and wrongly dated mail-in ballots violated the fundamental right to vote under the state constitution.

On Sept. 2, the RNC and Republican Party of Pennsylvania appealed the case to the state Supreme Court.

On Sept. 13, 2024, the state Supreme Court ruled the case was improperly filed and vacated the previous decision on procedural grounds. Pennsylvania will continue to reject undated and wrongly dated mail-in ballots.

Following the state Supreme Court’s ruling, the Commonwealth Court allowed the plaintiffs to submit a request to file a new complaint that includes all 67 Pennsylvania counties as defendants. The Republican intervenors then filed a motion asking the Pennsylvania Supreme Court to fully dismiss the case.

RESULT: On Sept. 19, the Pennsylvania Supreme Court granted Republicans’ request to dismiss the case, holding the Commonwealth Court lacks jurisdiction over matter, even if all 67 counties were included as defendants.

Case Documents (commonwealth court)

Case Documents (pa supreme court)

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