The Pennsylvania Senate race between incumbent Democrat Bob Casey and Republican challenger Dave McCormick remains a contentious battleground as a recount is underway, triggered by state law for races decided by less than 0.5 percentage points. While several outlets, including the Associated Press and Decision Desk HQ, have called the race for McCormick, Casey has yet to concede.
The Pennsylvania Supreme Court ruled on Monday that undated and misdated mail ballots cannot be included in the election results. This decision reinforced earlier rulings prohibiting the counting of such ballots. Justice David Wecht, joined by Justice Sallie Updyke Mundy, emphasized in a concurring opinion that adherence to court orders is “critical to the rule of law.”
The ruling responded to actions by election boards in counties including Philadelphia, Montgomery, and Bucks, which had voted to include hundreds of ballots that did not meet the state’s election code requirements. The court’s 4-3 decision directed all county election boards to comply with prior rulings, stating unequivocally that non-compliant mail-in and absentee ballots “shall not be counted.”
Justice Kevin Brobson, also concurring, criticized local election officials for disregarding legal requirements, stating, “Only the courts under our charter may declare a statute, or provision thereof, unconstitutional.”
The dissenting justices—Christine Donohue, Chief Justice Debra Todd, and David McCaffery—argued the case should have proceeded through the lower courts in the usual manner, suggesting the matter did not warrant immediate intervention by the state’s top court.
The decision comes amid criticism of the Casey campaign and Democratic-controlled election boards for their handling of provisional and mail-in ballots. The Washington Post’s editorial board published an op-ed titled “Democrats thumb their nose at the rule of law in Pennsylvania,” accusing Democrats of attempting to manipulate election laws to benefit Casey. The editorial criticized the effort as “corrosive to democracy” and warned of the precedent it might set.
The recount continues to draw attention to Pennsylvania’s election laws, particularly provisions requiring voters to date the outer envelopes of mail ballots. Voting rights groups and Democrats have challenged the necessity of these provisions, arguing they violate the state constitution’s free and equal elections clause. However, the Pennsylvania Supreme Court has consistently ruled against changing the rules close to an election.
Michael Whatley, chair of the Republican National Committee, praised the court’s decision, stating, “No more excuses. Election officials in Bucks, Montgomery, Philadelphia, and other counties have absolutely no choice but to reject illegal ballots.”
Meanwhile, Democrats have pointed to systemic challenges, with some defending Casey’s recount request as within legal bounds despite McCormick’s apparent victory margin of nearly 20,000 votes.
What is happening in Pennsylvania is INSANE!
Democrat officials in PA are counting illegal ballots and openly DEFYING the PA Supreme Court (which happens to be 5-2 Democrat).
One official said: “I think we all know that precedent by a court doesn’t matter anymore in this… pic.twitter.com/KIAsGKQIC5
— Kayleigh McEnany (@kayleighmcenany) November 18, 2024
The recount results, alongside the implications of the Supreme Court’s ruling, are expected to play a significant role in shaping election procedures and partisan dynamics in Pennsylvania moving forward.
