Pennsylvania voting rights groups are once again seeking to overturn a state law that bars undated or incorrectly dated mail ballots from being counted.
The American Civil Liberties Union of Pennsylvania and Public Interest Law Center filed a lawsuit Tuesday in Pennsylvania Commonwealth Court on behalf of eight voting rights and civil rights organizations. The suit, which was filed against Pennsylvania Secretary of State Al Schmidt and election officials in Philadelphia and Allegheny Counties, argues that the disqualification of undated ballots violates the Pennsylvania Constitution, which guarantees a right to vote in free and equal elections….
The filing comes as another lawsuit, arguing that the policy violates the federal Voting Rights Act, is working its way through federal courts.
Under Pennsylvania law, a mail ballot must be dated by a voter in order to be counted. Ahead of the primary election in April, officials sought to minimize the number of ballots rejected by redesigning ballot envelopes to make the date and signature spaces more clear….
You can find the complaint, in state court and raising claims under the state Constitution, at this link.
This case may be an early opportunity to figure out what the Moore v. Harper anti-arrogation principle means.