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Tennessee Joins 20 States Taking Pennsylvania Mail-In Ballot Fight To Supreme Court

Vote (File)
Vote (File)

A coalition of 21 states, led by Missouri, has officially asked the U.S. Supreme Court to step into a high-stakes battle over Pennsylvania’s voting rules. The group filed an amicus brief urging the high court to overturn a recent federal appeals court decision that threw out a Pennsylvania law requiring voters to handwrite the date on their mail-in ballot envelopes.

The dispute centers on a ruling from the U.S. Court of Appeals for the Third Circuit in the case of Eakin v. Adams County Board of Elections. That court invalidated the dating requirement, sparking a pushback from state attorneys general who argue the judiciary is overstepping its bounds.

Tennessee Attorney General Jonathan Skrmetti, who joined the Missouri-led filing, argued that such rules are fundamental to public trust.

“Democracy only works if people have faith in elections,” Skrmetti said. “Common sense safeguards, like requiring a voter to handwrite a date on a mail-in ballot envelope, should not be controversial. Courts need to protect the legitimacy of the electoral process, not undermine it.”

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The states involved in the brief contend that the U.S. Constitution gives state legislatures—not federal judges—the primary power to set election procedures. By striking down the law, the states argue, the Third Circuit ignored federalism and the separation of powers.

They claim the dating requirement is a “neutral” and “minimal” burden that applies to everyone equally and serves to deter fraud while ensuring orderly elections.

The coalition includes attorneys general from Alabama, Alaska, Florida, Georgia, Idaho, Indiana, Iowa, Kansas, Louisiana, Mississippi, Montana, Nebraska, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Texas, and West Virginia.

In the filing, the states pointed out that the Supreme Court has historically been hesitant to strike down election-integrity measures that do not impose a “severe burden” on the right to vote. They expressed concern that if the Third Circuit’s reasoning is allowed to stand, it could open the door for courts to dismantle various other long-standing election regulations across the country.

The Republican National Committee is also petitioning the Supreme Court to review the case. The states are now waiting to see if the justices will agree to hear the matter and ultimately reverse the lower court’s decision.

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