Pennsylvania Dem Gov. Josh Shapiro sides with state supreme court ruling not to count certain mail-in ballots

Pennsylvania Gov. Josh Shapiro is siding with the state’s high court after the justices ruled that faulty mail-in ballots can’t be counted amid a contentious recount, delivering a victory to Republican Party officials.

The state Supreme Court reaffirmed its prior decision in a 4–3 ruling Monday that counties cannot count incorrectly dated or undated ballots. The decision singled out the Boards of Elections in Bucks County, Montgomery County, and Philadelphia County, whom they said “SHALL COMPLY with the prior rulings of this Court in which we have clarified” for mail-in and absentee ballots in their Nov. 1 ruling.

“Any insinuation that our laws can be ignored or do not matter is irresponsible and does damage to faith in our electoral process,” said Shapiro, a Democrat. “The rule of law matters in Pennsylvania. … It is critical for counties in both parties to respect it with both their rhetoric and their actions.”

As governor, Shapiro said he would “continue working to protect our democracy and the votes of all eligible Pennsylvanians.”

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Pennsylvania Gov. Josh Shapiro speaks before Democratic presidential nominee Vice President Kamala Harris. On Monday, Shapiro sided with the Pennsylvania Supreme Court over its ruling concerning the counting of faulty mail-in ballots.  (AP Photo/Joe Lamberti)

The high court initially ruled on Nov. 1 that mail-in ballots without formally required signatures or dates should not be counted. Democratic-led election boards, however — including in Philadelphia, Bucks County, Montgomery County, and Centre County — balked at the ruling and voted to include such ballots in the recount. 

“People violate laws any time they want,” Democratic Bucks County commissioner Diane Ellis-Marseglia said last week, according to the Philadelphia Inquirer. “So, for me, if I violate this law it’s because I want a court to pay attention. There’s nothing more important than counting votes.”

Monday’s ruling came amid a slew of lawsuits filed by Republican Party officials in the midst of an aggressive Senate recount effort following the narrow victory of GOP candidate David McCormick over three-term Democrat Sen. Bob Casey. 

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The Pennsylvania Supreme Court reaffirmed its prior decision in a 4–3 ruling Monday that counties cannot count incorrectly dated or undated ballots.  (AP Photo/Matt Rourke)

McCormick had defeated Casey by some 17,000 ballots in the state, or within the 0.5% margin of error. The narrow victory allowed Casey to qualify for an automatic recount under Pennsylvania law.

The Republican National Committee criticized Shapiro for not speaking up sooner in defense of the court’s actions. 

“Heartening to see. Once Democrats came to the conclusion that even ignoring the Pennsylvania Supreme Court can’t scrape up enough ballots to win…,” RNC Chair Michael Whatley wrote on X. “Governor Shapiro suddenly discovers that he stands with the rule of law. Better late than never.”

Democrat Sen. Bob Casey and Republican Dave McCormick, who defeated Casey by some 17,000 votes in the race for the Senate.  (Getty Images)

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Trump campaign official Chris LaCivita said Pennsylvania elections officials would face jail time for counting incorrect mail-in ballots.  

“They will go to jail,” he wrote Sunday evening on X. “Count on it.”

Fox News Digital’s Breanne Deppisch contributed to this report.