Baxter v. Philadelphia Board of Elections — Dating of mail-in ballots (PA)
In This Resource
Two voters sued the Philadelphia Board of Elections in September 2024, arguing that the board’s decision to not count 69 mail-in ballots in a special election violated the Free and Equal Elections Clause of the Pennsylvania Constitution. The board had decided to not count the ballots because they were either missing a handwritten date or the voter had written an incorrect date, even though state election officials can confirm whether a ballot was mailed on time with or without a handwritten date.
On Sept. 27, 2024, the Philadelphia Court of Common Pleas ruled in the voters’ favor and ordered the board to count the ballots. The Pennsylvania Republican Party and the Republican National Committee (RNC) intervened and appealed the case to the Commonwealth Court of Pennsylvania.
On Oct. 30, the Commonwealth Court affirmed the lower court’s decision and held that throwing out undated and incorrectly dated mail ballots violates the Pennsylvania Constitution. The RNC and state party appealed again, this time to the Supreme Court of Pennsylvania.
On Jan. 17, 2025, the Supreme Court agreed to hear the case. An oral argument date has yet to be set.
On March 21, 2025, a group of former Pennsylvania public officials, represented pro bono by States United, filed an amicus brief in support of the voters. The brief argues that the date requirement can unfairly disenfranchise voters in violation of the Pennsylvania Constitution.
The amici include:
- Former Secretary of the Commonwealth Kathy Boockvar;
- Former Acting Secretary of the Commonwealth Leigh M. Chapman;
- Former Acting Secretary of the Commonwealth Veronica DeGraffenreid;
- Former Attorney General Walter W. Cohen;
- Former General Counsel of the Commonwealth Barbara Adams; and
- Former General Counsel of the Commonwealth Gregory Schwab.
- Amicus brief (filed March 21, 2025)
- Oct. 30, 2024, Commonwealth Court order
- Votebeat: Pennsylvania Supreme Court to hear latest case over undated mail ballots (Jan. 17, 2025)
- Pittsburgh Post-Gazette: Pa. Supreme Court peppered with filings as it considers undated mail ballots issue (Nov. 1, 2024)
- Pennsylvania Capital-Star: Pennsylvania appeals court rules (again) that undated vote-by-mail ballots must be counted (Oct. 30, 2024)