Controversy Roils Over Count Of Undated Ballots In Philly Area

SOUTHEASTERN PA — Controversy is roiling in counties around southeastern Pennsylvania after mail-in ballots that were not dated were counted in the 2021 primary election.

Some Republicans argue the move is a violation of election law, citing a Pennsylvania Supreme Court decision on the matter last year. It has brought renewed attention to election procedures just months after the tumultuous 2020 election and its horde of legal challenges.

"Here we have more examples of government officials deciding on their own what they want the law to be, rather than what the law actually is," said Lou Barletta, Republican candidate for governor and former Congressman. "We saw it in the 2020 election and we're seeing it again today."

In addition to Montgomery County, Chester, Bucks, and Delaware counties all counted the undated mail-in ballots in May, Barletta says. Philadelphia originally planned on counting them, but reversed course and decided not to.

Barletta and other Republicans say the November 2020 Supreme Court ruling, which permitted counting undated ballots in 2020 but not in the future, is unequivocal. The Pennsylvania Department of State and Gov. Wolf's administration are siding with Republicans, telling counties not to count the undated votes, according to the Associated Press.

But officials in Montgomery County disagree.

"Our interpretation of the law on this matter is that these ballots can and should be counted, just as they were in 2020," Kelly Confrancisco, spokesperson for Montgomery County, said in a statement to Patch. "There was no objection raised at the canvassing of these ballots, and therefore they were not segregated."

In Philadelphia, election officials initially voted to count the undated ballots even while acknowledging the Supreme Court decision.

"I knew that I would be entering into a gray area of the law," Philadelphia City Commissioner Lisa Deeley said during a recent council meeting, noting that not counting the ballots would "invalidate thousands of voters" on what amounts to a technicality.

"Voting is the foundation of our democracy and we as Americans need to be able to trust that our electoral process works," Barletta added. "But what these localities are doing is flat out illegal."

It's not clear exactly how many of the undated ballots were counted in each county.