The Pennsylvania Supreme Court has ruled in favor of the Republican National Committee (RNC) and U.S. Senator-elect Dave McCormick (R-PA), directing county election boards to adhere to previous court decisions regarding mail-in ballot requirements.
This decision comes after incumbent Senator Bob Casey Jr. (D-PA) sought to challenge a ruling that disqualifies mail-in ballots lacking essential elements such as signatures, postmarks, dates, and return addresses.
In its ruling, the court stated: “The Court hereby ASSUMES its King’s Bench authority over the instant Application, see 42 Pa.C.S. § 502, only to DIRECT that all Respondents, including the Boards of Elections in Bucks County, Montgomery County, and Philadelphia County, SHALL COMPLY with the prior rulings of this Court in which we have clarified that mail-in and absentee ballots that fail to comply with the requirements of the Pennsylvania Election Code, see 25 P.S. §§ 3146.6(a), 3150.16(a), SHALL NOT BE COUNTED for purposes of the election held on November 5, 2024.”
Last Thursday, Bucks County Election Commissioner Diane Ellis-Marseglia cast a contentious vote alongside a fellow Democrat to count ballots previously disqualified by the state Supreme Court. Ellis-Marseglia defended her decision, arguing, “I think we all know that precedent by a court doesn’t matter anymore in this country. People violate laws any time they want. So, for me, if I violate this law, it’s because I want a court to pay attention. There’s nothing more important than counting votes.”
With approximately 24,000 votes separating McCormick and Casey Jr., the Pennsylvania Department of State has confirmed that the race will proceed to an automatic recount. Historically, successful statewide recounts have been rare, often involving margins of just a few hundred votes between candidates.
