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Board counsel outlines federal litigation on undated mail ballots and explains potential impacts of SAVE Act legislation
Summary
County solicitor updated the board on an appealed Western District of Pennsylvania decision about undated or misdated mail‑ballot envelopes and summarized how the SAVE Act — pending in Congress — could change voter registration documentary requirements if enacted.
Delaware County legal counsel briefed the Board of Elections April 11 on two items that could affect election administration: an appealed federal court ruling about undated and misdated mail‑ballot envelopes and pending federal legislation known as the SAVE Act.
On the court matter, counsel said the district‑court proceeding in the Western District of Pennsylvania (case cited by counsel) previously involved a Civil Rights Act claim about refusing to count mail ballots with missing or incorrect dates on outer envelopes. The Third Circuit earlier reversed the district court on that legal theory; the district court then issued an alternative ruling under constitutional grounds. Counsel said that a new appeal is now pending in the Third Circuit (appellate docket cited as No. 25‑1644) and that, so far, no court has ordered county election boards in Pennsylvania to segregate or otherwise treat undated/misdated outer envelopes differently. He said the county will comply with any court order if one is issued.
Counsel also described the SAVE Act, which would require documentary proof of citizenship such as a U.S. passport or birth certificate for voter registration in some circumstances. He explained practical and administrative complications: many state‑issued driver’s licenses do not explicitly indicate U.S. citizenship, and the law — as drafted in public comment — could require registry staff to accept and validate diverse birth‑certificate formats or other primary documents. Counsel noted the Pennsylvania Department of State has submitted comments expressing concerns about the law’s administrative burden and the potential for disenfranchising registrants who lack immediate access to primary documents.
Why it matters: A Third Circuit order or a new federal statute that changes registration documentation standards would require operational changes and could trigger litigation. Counsel said the county will follow court orders and that staff are monitoring legislative developments.
What the board heard: Counsel gave a factual, non‑editorial summary of the litigation timeline and the SAVE Act’s possible effects on proof of citizenship and voter registration workflow. He recommended continued monitoring and compliance with any judicial directives.
Direct quote: “The president does not have the authority to force any state to change its election law,” counsel said when addressing a presidential executive order referenced in public comment; he recommended waiting for statutory or court action before operational changes.
