Pennsylvania Gov. Josh Shapiro has called on all counties to adhere to the state Supreme Court’s order that mail-in ballots with missing or incorrect dates must not be counted.
The court’s order singled out the boards of elections in Bucks County, Montgomery County, and Philadelphia County, which reportedly had opted to count undated ballots.
The Associated Press had called the race for Republican Dave McCormick, who ran against long-term incumbent Sen. Bob Casey (D-Pa.). However, because McCormick’s lead fell within a 0.5 percent margin, state law requires a recount.
“The Department of State had advised counties repeatedly of their duty to segregate challenged provisional ballots and undated ballots in anticipation of a ruling by the court,” Shapiro said in a statement on Monday.
“The court has now ruled on the counting of these ballots specific to the Nov. 5, 2024, election, and I expect all county election officials to adhere to this ruling and all the applicable laws governing our elections,” he added.
Shapiro emphasized the need to uphold the rule of law, saying that “any insinuation that our laws can be ignored or do not matter is irresponsible and does damage to faith in our electoral process.”
Responding to Shapiro’s statement, RNC Chairman Michael Whatley said it is “heartening to see” that Shapiro “stands with the rule of law.”
Shapiro issued the statement on the same day that state Rep. Eric Davanzo, a Republican, urged him to intervene and call on the county commissioners and Casey to follow the rules.
“As the leader of our Commonwealth, it is his responsibility to protect our elections by supporting the court’s precedents,” Davanzo said in a statement.
“Shapiro must do right by those who elected him and join the many calls for Sen. Casey to follow the law and outcomes of this election,” he said.
A similar dispute arose just before voters headed to the ballot box on Nov. 5. A state appeals court had ruled that not counting undated ballots in a special election violated the state’s constitution.