Earlier this month, the U.S. 3rd Circuit Court of Appeals issued a decision that could have a significant impact on election outcomes in Pennsylvania, a crucial swing state, as well as other battleground states. This decision is seen as a victory for Republicans who have been advocating for measures to ensure voter integrity. The court overturned a federal district court’s order and ruled in favor of the Republican National Committee (RNC) regarding the verification of signatures on mail-in ballots in Pennsylvania.
The case revolved around whether mail-in ballots without a date or with an incorrect date under the voter’s signature should be counted. Democrats argued that the Materiality Provision, outlined in Section (a)(2)(B) of the Civil Rights Act of 1964, should apply, asserting that these ballots should be counted. The Materiality Provision prohibits the denial of the right to vote due to an error or omission on paperwork related to voting, as long as the mistake is not material in determining the voter’s qualification.
The RNC countered by stating that enforcing the date requirement on ballots does not infringe on the right to vote, as the Materiality Provision only prohibits immaterial requirements that affect voter qualification and registration, not other specific requirements for casting a ballot. Interestingly, all three of the appeals court judges were appointed by Democrats, but two of them sided with the Republicans in their decision:
“States have separate bodies of rules for separate stages of the voting process. One stage, voter qualification, deals with who votes. To register and thus be authorized to vote, applicants must follow prescribed steps and meet certain requirements. It’s like obtaining a license to drive. Another stage deals with how ballots are cast by those previously authorized to vote, which is governed by a different set of rules. To cast a ballot that is valid and will be counted, all qualified voters must abide by certain requirements, just like those authorized to drive must obey the State’s traffic laws like everyone else. The Materiality Provision is an important federal overlay on state election requirements during the “who” stage: voter qualification. It prohibits States from denying an applicant the right to vote based on an error or omission in paperwork involving his application if that mistake is immaterial in determining whether he is qualified to vote. That is, it is triggered when conduct or laws restrict who may vote. But it leaves it to the States to decide how qualified voters must cast a valid ballot. Pennsylvania has made one such rule—the date requirement—mandatory. The federal Materiality Provision, in our view, does not interfere.”
RNC Chairman Michael Whatley responded to the ruling: “This is a crucial victory for election integrity and voter confidence in the Keystone State and nationwide. Pennsylvanians deserve to feel confident in the security of their mail ballots, and this 3rd Circuit ruling roundly rejects unlawful left-wing attempts to count undated or incorrectly dated mail ballots. Republicans will continue to fight and win for election integrity in courts across the country ahead of the 2024 election.”
The RNC highlighted in its statement the additional point of commendation for the ruling: “During November 2022, the RNC, NRCC, and PAGOP achieved a triumph on this matter before the Pennsylvania Supreme Court. Subsequently, a federal district court invalidated the outdated signature prerequisite in November 2023. Our appeal was made, and presently the U.S. 3rd Circuit Court of Appeals has concurred with the RNC’s stance.”
“This was a 2-1 ruling handed down by 3 Democrat-appointed judges. This ruling will have far-reaching effects regarding left-wing attempts to weaponize the Materiality Provision of the Civil Rights Act across the country and represents a victory for mail ballot safeguards in a crucial swing state,” it added.
