Prof. John Kincaid was interviewed by WFMZ-69 News about the implications of the U.S. Supreme Court throwing out a lower-court decision that had allowed undated mail ballots to be counted in Pennsylvania.
The U.S. Supreme Court on Tuesday (10/11) invalidated a lower-court decision that had allowed undated mail ballots to be counted in Pennsylvania. The high court vacated a May decision by the U.S. Court of Appeals for the Third Circuit on procedural grounds, which placed into limbo the issue of whether ballots without date stamps should be counted.
As a result, the Supreme Court’s action will likely create more uncertainty and litigation around Pennsylvania’s vote-by-mail law, Kincaid, Robert B. and Helen S. Meyner Professor of Government and Public Service, said in WFMZ’s Oct. 11 report.
The case originated with David Ritter, a Republican who ran against Democrat Zac Cohen in 2021 for Lehigh County judge and lost by five votes. Ritter challenged the legality of 257 undated ballots and the case ended up before the Supreme Court. Cohen remains the winner as the Supreme Court did not address the legality of the undated ballots.
“It didn’t actually reverse the circuit court of appeals, it ordered the court to treat the case as moot,” said Kincaid, noting that there is no longer an act of controversy. “What it means is that most counties will count those ballots, but some counties will still refuse to count them.”
If the state legislature fails to clarify the issue, more litigation can be expected after the general election next month, he said.
