Pennsylvania Officials Who Defied State Supreme Court Say They'll Obey New Ruling

A voter drops off a mail-in ballot in Doylestown, Pa., on Oct. 15, 2024. Hannah Beier/Getty Images

Officials in Pennsylvania counties who defied the state Supreme Court and voted to count undated mail-in ballots said they'd comply with a new decision from justices on the matter.

The Pennsylvania Supreme Court on Nov. 18 said every county in the state “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 ... shall not be counted for purposes of the election held on November 5, 2024.”

Justices named election boards in Bucks, Montgomery, and Philadelphia counties that had voted to count undated ballots, despite the state’s top court before the November presidential election making clear an appeals court decision in favor of counting undated ballots “shall not be applied” to the election.

“This order shall be deemed authoritative and controlling in all such matters and as to all county election board members,” the new order stated.

In a concurring opinion, Justice Kevin Brobson said that officials in those counties wrongly thought they had the authority to ignore election law provisions.

“Only the courts under our charter may declare a statute, or provision thereof, unconstitutional,” Brobson said.

Officials in two of the counties said they would comply with the order.

“This is precisely the clarity we were seeking from the Courts in this matter,” Bucks County Board of Elections Chairman Bob Harvie said in a statement. “The Board of Elections will, of course, comply with the order of the Court.”

Neil Makhija, chairman of the Board of Elections in Montgomery County, said in a statement to news outlets that he would “respect the Pennsylvania Supreme Court’s opinion, which, unfortunately, means that thousands of votes cast by lawfully registered citizens will be thrown out in this election.”

Officials in Philadelphia County have not made clear whether they will comply with the ruling. Philadelphia City Commissioner Lisa Deeley told news outlets in a statement that the board’s lawyers were reviewing the order.

“However, I am deeply disappointed that the court, once again, chose not to rule on the constitutionality of disenfranchising voters who failed to correctly date their declaration envelope. This question remains an open issue,” she said.

“Regardless of next steps, I will continue to fight, through every viable legal avenue, to make sure that we are enfranchising eligible voters, not disenfranchising.”

Deeley and other Philadelphia commissioners did not respond to requests for comment.

Pennsylvania Gov. Josh Shapiro, a Democrat, had urged counties to obey the order.

The Pennsylvania Supreme Court ruling came after the boards voted to count undated ballots.

In Bucks County, Harvie and fellow Commissioner Diane Ellis-Marseglia voted in favor.

“It is a pretty stupid thing to not count someone’s vote simply because they didn’t date an envelope for a ballot,” Harvie said at the meeting.

“I think we all know that precedent by a court doesn’t matter anymore in this country,” said Ellis-Marseglia. “People violate laws anytime 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.”

Ellis-Marseqlia did not respond to an inquiry.

County officials are currently involved in a recount as the race between incumbent Sen. Bob Casey (D-Pa.) and Dave McCormick, a Republican, fell within 0.5 percent.

The Associated Press has called the race for McCormick, but Casey has declined to concede.

The new order “is a massive setback to Senator Casey’s attempt to count illegal ballots,” a McCormick spokesperson told news outlets in a statement.

A spokesperson for Casey said the senator is “fighting to ensure Pennsylvanians’ voices are heard and to protect their right to participate in our democracy.”