On May 27, the Third Circuit released another order in Migliori v Lehigh County Board of Elections. This order confirms that the “materiality” part of the federal Voting Rights Act bars Pennsylvania from invalidating postal ballots just because the voter forgot to fill out the date on the outer envelope. The decision notes that all postal ballots are date-stamped when they are received in the elections office. Also the decision notes that there is no law that says a voter’s date must be accurate. So, the conclusion is that ballots should count because the information on the date line is immaterial to determining if the ballot is valid. Here is the decision. Thanks to ElectionLawBlog for the link.
I disagree with the court on this one. I vote absentee ballot and mail in ballot all the time and instructions are written as clear as day on what to do to have your vote cast right. No excuses for screw-ups.
How many documents are *legal* WITHOUT dates —
checks, mortgages, affidavits, etc. ???