Centre County judge tosses Republican challenge of improperly dated mail-in ballots
A judge on Friday dismissed as untimely a Republican challenge to the Centre County board of elections’ decision to count some improperly dated mail-in ballots.
Centre County Judge Julia Rater dismissed the case with prejudice on procedural grounds, finding that county Republican Committee Chair Michelle Schellberg’s appeal was filed at least five days late.
Rater did not address the merits of the appeal, raising the likelihood of a similar challenge after what is expected to be a tightly contested presidential race in November.
Attorney Louis Glantz said he was “disappointed to an extent,” but added that he understood her ruling. He does not expect to appeal. Centre County Solicitor Betsy Dupuis said she was “pleased with the outcome of the case and that the court followed the law.”
“We know the board’s actions can be challenged, but only within the strict timelines provided in the Election Code,” Dupuis said. “Without the timelines in the Election Code, the board and really the state can’t carry out its duties to carry on an election.”
She said the board’s process to canvass mail-in ballots will likely remain the same, but they will “probably look at the issue more closely in the fall.” The elections board is scheduled to meet at 2 p.m. Tuesday to certify the results.
“The fact that a date was causing so much anxiety is trivial,” Centre County Democratic Committee Chair Margie Swoboda said. “Even the IRS lets you make corrections. Voting is sacred. Every single person should be able to vote. Mail-in ballots are the same as voting in person.
“I also found it ironic that the GOP based their lawsuit on dates, but yet missed two very important dates.”
Centre County is the only county in the state that has not yet certified any of its results from the primary election, a process that was supposed to be completed by May 13. It has also held up the certification of statewide primary elections.
That prompted the state’s elections office to urge Rater to dismiss the appeal so it could “conclude the 2024 primary.”
“We are pleased with the result,” the Pennsylvania Department of State wrote in a statement. “As stated in the Secretary’s amicus brief, it is vital for courts to act quickly in dismissing untimely elections-related appeals so that County Boards of Election and the Secretary can timely certify election results.”
The 12-page ruling marked a win for the county’s elections board but did not explicitly confirm the board correctly decided to count the ballots. The GOP desire for the board to comply with the state’s election laws is “certainly understood by this Court,” Rater wrote.
Schellberg’s appeal argued the board improperly counted 95 mail-in ballots with date errors. It did not allege fraud or claim the votes would change the primary’s outcome.
Instead, Glantz said it was a matter of precedent that could make a “big difference” in the general election. Dupuis said the appeal was nothing more than an attempt to delay certification of the election and a way to hamstring Centre County voters.
The decision by the elections board — made up of the county’s three commissioners, two Democrats and one Republican — was unanimous.
A federal appeals court panel found in March that a requirement for Pennsylvania voters to put accurate handwritten dates on the outside envelopes of their mail-in ballots does not run afoul of a civil rights law.
A divided 3rd U.S. Circuit Court of Appeals ruled to uphold enforcement of the required date on return envelopes, a technical mandate that caused thousands of votes to be declared invalid in the 2022 election.
The American Civil Liberties Union of Pennsylvania, which helped represent groups and voters who challenged the date mandate, told the Associated Press the ruling could mean thousands of votes won’t be counted over what it believes is a meaningless error.
In Pennsylvania, Democrats have been far more likely to vote by mail than Republicans under an expansion of mail-in ballots enacted in 2019.
