Attorney General Catherine Hanaway announced on Mar. 13 that she is leading a coalition of 21 states asking the United States Supreme Court to overturn a federal appellate court decision that struck down a Pennsylvania law requiring voters to handwrite the date on mail-in ballots.
The case concerns election integrity laws and how much authority states have in setting their own voting regulations. The coalition argues that removing the requirement could undermine safeguards designed to prevent fraud and ensure reliable elections.
Hanaway said, “The 3rd Circuit ruling is legislating from the bench. Plain and simple. Our founding fathers intentionally gave election authority to the States. They would be appalled that our courts have concluded that requiring voters to date their ballot is unconstitutional. My Office will continue to stand up for commonsense rules that prevent fraud and ensure election integrity.”
According to Missouri’s brief, the ruling by the U.S. Court of Appeals for the Third Circuit in Eakin v. Adams County Board of Elections sets an unfounded precedent by allowing federal courts too much power over state-run elections, which they argue undermines federalism and separation of powers as set out in the Constitution. The brief claims that under this approach, unelected judges could declare even basic election-integrity measures unconstitutional.
The coalition also points out that the Supreme Court has never found non-discriminatory ballot-casting regulations like dating mail-in ballots to be severely burdensome or a violation of voting rights, saying such requirements help with orderly administration and deterring fraud.
Attorneys general from Alabama, Alaska, Florida, Georgia, Idaho, Indiana, Iowa, Kansas, Louisiana, Mississippi, Montana, Nebraska, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Tennessee, Texas and West Virginia joined Missouri in filing this request with the Supreme Court.
