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Pennsylvania Supreme Court: Mail-in ballots with missing or incorrect dates won't be counted • Pennsylvania Capital-Star

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Pennsylvania Supreme Court: Mail-in ballots with missing or incorrect dates won't be counted • Pennsylvania Capital-Star


The ongoing saga of whether mail-in ballots without the proper date on the external envelope should or should not be counted may not yet be over, but Pennsylvania’s Supreme Court on Thursday sought to clear up confusion about its Sept. 13 decision on the matter.

As far as the high court is concerned, mail-in ballots in Pennsylvania without a date on the outside envelope —  even if returned to a county election office on time — should not be counted.  

Last week the court threw out a Commonwealth Court ruling that the ballots should be counted. Voter rights groups tried to revive the case, but in response to a request by the Republican National Committee (RNC) to clarify its ruling, the Supreme Court ordered the Commonwealth Court to dismiss the lawsuit.

So to recap: This means, for now, that mail-in ballots returned without a date on the outside of the envelope will not be counted in the Commonwealth of Pennsylvania.

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The American Civil Liberties Union of Pennsylvania, which represents the voter rights groups, said it is considering its next legal steps.

“This is not the end of the road on this issue,” spokesperson Andy Hoover said Thursday.

With a month and a half before the presidential election in which Pennsylvania is expected to play a pivotal role, a former top election official told the Capital-Star that voters need to simply ignore the noise of the lawsuits and closely follow the instructions on their mail-in ballots.

“What’s most important is voters need to just understand that they need to put today’s date on the envelope,” Former Pennsylvania Secretary of the Commonwealth Kathy Boockvar said. 

Notice and cure suit from RNC derided as voter suppression

Meanwhile, lawyers for the ACLU of Pennsylvania and the Public Interest Law Center (PILC), decried a new lawsuit filed Wednesday by the RNC as a brazen attempt at voter suppression. 

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The RNC asked the state Supreme Court to rule on the legality of county policies to notify voters when their mail-in ballots have errors and give them a chance to correct them.

Vic Walczak, legal director of the ACLU of Pennsylvania, said the RNC lawsuit is an attempt at an end run around two other cases pending before state appeals courts that involve the potential disenfranchisement of tens of thousands of people who vote by mail.

“The law right now is that counties can do what they call ‘notice and cure,’” Walczak said in a call with reporters on Thursday. “They don’t have to, so it’s permissive. What this lawsuit seeks to do is to say that it is absolutely illegal.”

The ACLU of Pennsylvania and PILC also represent the plaintiffs in the other election law cases still pending.

Walczak said the notice-and-cure suit, which asks the Supreme Court to exercise its “king’s bench” power to take any case at any time without going through the lower courts, doesn’t allege that the practice of notifying voters to fix their errors is problematic.

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“It’s just an argument over the language in the statute. And just like the statute doesn’t say that you are allowed to do this, the statute and the Election Code don’t say that you can’t do this,” he said.

Gates McGavick, senior advisor to RNC Chairperson Michael Whatley, dismissed the ACLU’s characterization of the lawsuit.

“The idea that widely-supported [sic] election integrity safeguards somehow constitute ‘voter suppression’ is a far-left conspiracy theory,” McGavick said in a statement to the Capital-Star.

A spokesperson for former President Donald Trump’s campaign and a lawyer for the RNC did not respond to interview requests Thursday.

Voting by mail without an excuse was first an option for Pennsylvania voters in 2020 and in every election since, candidates have challenged decisions by county boards of elections either to count or not count ballots with errors, such as missing or incomplete dates and missing secrecy envelopes. 

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The number of mail-in ballots that have been disqualified for such errors is not trivial. Despite efforts by the Pennsylvania Department of State to reduce the number of rejected ballots by redesigning the instructions and envelopes, more than 1% of mail ballots were rejected in the April primary election, according to one analysis.

In the latest case on undated ballots, the Commonwealth Court ruled on Aug. 30 that the dating requirement violates the state constitution’s guarantee of the right to vote because it serves no compelling governmental purpose.

The Supreme Court ruled Sept. 13 in an appeal by the RNC and state Republican Party that Commonwealth Court lacked jurisdiction to hear the case because the suit was filed against only Allegheny and Philadelphia counties. Pennsylvania’s other 65 counties should have been included as parties for the Commonwealth Court to exercise its statewide jurisdiction.

But the Supreme Court’s order didn’t explicitly say whether the case was dismissed or was being sent back for further proceedings. Commonwealth Court Judge Ellen Ceisler granted the ACLU and PILC permission to file papers arguing that they should be allowed to add the other 65 counties. 

Ceisler also indicated that she expected to reissue her decision finding the dating requirement unconstitutional.

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In a 2-1 decision earlier this month, a Commonwealth Court panel reversed a Butler County judge’s decision that county elections officials were not required to count the provisional ballots because it amounted to allowing the voters to correct or “cure” mistakes in their mail-in ballots, which is not required by the Pennsylvania Election Code. 

In an opinion for the Commonwealth Court majority, Judge Matthew S. Wolf wrote the question of whether the Election Code requires election officials to count provisional ballots cast by voters whose mail-in ballots are fatally flawed is separate from the issue of whether curing flawed ballots is allowed.

Wolf said the majority interpreted the Election Code to give it the legislature’s intent that provisional ballots serve as a safeguard against voters being denied their votes or casting more than one vote.

“The General Assembly did not intend for those authorized provisional ballots to be rendered meaningless … whenever the elector has made an earlier but unsuccessful attempt to cast or vote a ballot,” Wolf said.

The issue of curing ballots was itself the subject of a decision by a judge in Washington County in southwest Pennsylvania.

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Washington County Judge Brandon P. Neuman granted an injunction sought by voting rights groups to block a policy that the county Board of Elections adopted just before the April primary, of not informing voters if their ballot was rejected because of an error.

The groups claimed the policy disenfranchised voters by effectively hiding from them the fact that their votes would not be counted and denying them the opportunity to cast provisional ballots. Neuman found voters have a statutory right to challenge a decision not to count a mail ballot and ordered election officials to notify voters whose mail ballots are set aside for disqualifying errors so that they have a chance to mount a challenge.

The state GOP and RNC have also appealed the decision in Commonwealth Court.

Other counties, meanwhile, have adopted policies to notify voters and give them a chance to remedy errors on mail-in ballots. Dauphin County, which includes the state capital of Harrisburg, last week became one of at least 32 Pennsylvania counties with a notice and cure program, according to the ACLU of Pennsylvania.

(This article was updated at 10:05 p.m., Thursday, Sept. 19, 2024, to include a statement from the RNC.)

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Pa. primary election 2025: What you need to know before you vote

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Pa. primary election 2025: What you need to know before you vote




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Shapiro admin asks USDA to reconsider $13 million in cuts to Pennsylvania food banks

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Shapiro admin asks USDA to reconsider  million in cuts to Pennsylvania food banks


Pennsylvania Gov. Josh Shapiro is asking President Donald Trump’s administration to reconsider its decision to cancel $13 million in funding for Pennsylvania food banks to buy food from local farmers.

Shapiro said Tuesday the U.S. Department of Agriculture illegally canceled a three-year contract the agency and the state had agreed to in December. In response, he said, Pennsylvania’s secretary of agriculture will file an internal appeal with the agency challenging the cancellation.

If USDA does not change course, he said, Pennsylvania may take legal action.

“Pennsylvania farmers and food banks are owed $13 million, and I won’t stand by and let our farmers get screwed in the process,” Shapiro said at a news conference Tuesday at the Central Pennsylvania Food Bank, which lost $1.8 million in expected federal dollars.

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Shapiro, a first-term Democrat and a former state attorney general, has already sued the Trump administration once over a $2.1 billion freeze to environmental and energy projects in the state. And the governor warned last week after Trump signed an order to begin dismantling the Department of Education that he would consider legal action against the administration if Pennsylvania students are affected.

» READ MORE: Pa. food banks are facing millions in federal funding cuts as they fear increased need

Earlier this month, USDA announced it would end the $470 million Local Food Purchase Agreement Program, arguing it was time to move on from the pandemic-era initiative.

In a letter to the federal government Tuesday, Pennsylvania Agriculture Secretary Russell Redding said USDA had told the state the program no longer met the agency’s priorities. He responded that there was no basis for the claim, noting that the program had supported 190 farms statewide while providing 25.9 million pounds of food to charitable organizations in the last three years.

In a statement, a USDA spokesperson reiterated that the agency was moving away from COVID-era programs, and said the agency remains committed to its mission of strengthening food security, agriculture markets, and access to healthy food.

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”There is nothing unlawful about sunsetting a time-limited, pandemic-era initiative that does not align with the current Departmental priorities,” the statement said. “Unlike the Biden Administration, which funneled billions in [USDA’s Commodity Credit Corp.] funds into short-term programs with no plan for longevity, USDA is prioritizing stable, proven solutions that deliver lasting impact.”

In the meantime, USDA’s decision to cancel the program left food banks across the state grappling with the loss of funding that covered the cost of well over one million meals annually in the Philadelphia metro area alone. The funds were set to be distributed to 14 food banks across the state over three years.

» READ MORE: Pa.’s new attorney general won’t be suing President Trump. What you need to know about Republican Dave Sunday’s quest to be a ‘boring AG.’

Philabundance, which serves Philadelphia and the suburban counties, lost 18% of its food purchasing budget. Philadelphia’s Share Food Program lost $1.4 million and the Bucks County Opportunity Council lost around $260,000 annually.

The cuts came as food bank leaders said they are facing demand that mirrors the height of the COVID-19 pandemic. Leaders are worried food insecurity will continue to get worse amid tariffs, rising housing costs, and Republican proposals to slash food stamps and other social safety net programs.

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George Matysik, executive director of the Share Food Program, said in a statement prior to Shapiro’s announcement that the organization was at risk of losing $8 million in food and funds this year because of a combination of several funding cuts.

“President Trump is declaring war on Poor People. This time targeting hungry students and their families, the Trump administration recently handed down yet another round of unconscionable funding cuts — and we are still bracing for what’s to come,” Matysik said.

Chris Hoffman, the president of the Pennsylvania Farm Bureau, said at Tuesday’s news conference that he was in touch with USDA Secretary Brooke Rollins and was hopeful the food purchase program could be made permanent in the next farm bill.

Shapiro, who has indicated a willingness to work with the Republican president, was steeply critical of the Trump administration, which he said had harmed the very farmers it claims to support.

» READ MORE: Gov. Josh Shapiro says he’ll consider legal action against the Trump administration if education cuts affect Pa. students

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He called Trump’s efforts to impose tariffs the “dumbest economic decision I’ve ever seen a president make” and framed the funding cuts as yet another example of chaos sown by the federal government that would harm families and businesses in Pennsylvania.

“All of the chaos he’s created is doing real harm to our farmers,” Shapiro said. “Here in Pennsylvania, we want to make clear that we give a damn about our farmers and we’ve got your backs.”



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2 cases of measles reported in Pa. county: Here’s where

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2 cases of measles reported in Pa. county: Here’s where


The Erie County Department of Health reported on Monday that two cases of measles have been reported in Western Pennsylvania.

The department said that both cases were connected to international travel. Officials do not believe there’s a high risk of community spread or exposure due to these cases.

Anyone who might have been exposed will be notified by the department, according to YourErie.

The department did not say if the two infected people were vaccinated but encouraged anyone who’s not up to date to get their MMR vaccine. People who are fully vaccinated are 97% less likely to contract the disease or infect others.

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Measles is a very contagious disease that can be spread by coughing and sneezing. It can stay in the air for up to two hours and be contracted by breathing in that air or touching a contaminated surface and then touching your eyes, ears or mouth.

Symptoms include a high fever, cough, runny nose, red eyes, small white spots in the mouth and a rash that usually starts behind the ears or face and spreads down the body.

Children under age five, pregnant women, and those with a compromised immune system are at a higher risk of developing more severe complications.

The CDC reports that there have been 378 confirmed cases of measles in the U.S. in 2025 so far, including in Pennsylvania, Ohio, New York and Maryland. There has been one confirmed death so far.



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