Pennsylvania Supreme Court Drops the Hammer on Election Boards Counting Illegal Ballots

The Pennsylvania Supreme Court has directed all county Boards of Elections to follow state election regulations, specifically instructing them not to count mail-in and absentee ballots that fail to meet the requirements set forth in the Pennsylvania Election Code.

This ruling follows Bucks County’s decision to count improperly dated ballots, despite legal advice against it and previous court rulings.

The court emphasized that local election officials cannot ignore the law, stating they lack the authority to deem statutes unconstitutional.

The ruling comes amid a closely contested Senate race, with current results showing a narrow lead for Sen.-elect Dave McCormick over Sen. Bob Casey, prompting a likely recount.

The ruling reads in part: “The Court hereby ASSUMES its King’s Bench authority over the instant Application, see 42 Pa.C.S. § 502, only to DIRECT that all Respondents, including the Boards of Elections in Bucks County, Montgomery County, and Philadelphia County, 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, see 25 P.S. §§ 3146.6(a), 3150.16(a), SHALL NOT BE COUNTED for purposes of the election held on November 5, 2024.”

“The Board did so even though its legal advisers recommended rejecting the ballots ‘based on the current state of the law,’” the appeal read.

Ellis-Marseglia said, “I just can’t vote to reject [these ballots]. I just can’t.”

“I think we all know that precedent by a court doesn’t matter anymore in this country, and people violate laws anytime they want,” she said. “So for me, if I violate this law, it’s because I want a court to pay attention to it.”

Pennsylvania Supreme Court Justice Kevin Brobson wrote, “Indeed, this Court has held that administrative agencies, like county boards of elections, lack the authority to declare unconstitutional the very statutes from which they derive their existence and which they are charged to enforce.”