The 3rd Circuit Court of Appeals ruled that Pennsylvania can discard undated or misdated mail-in ballots, rejecting claims that this practice violates the U.S. Constitution.
False
3rd Circuit panel rules, 3-0, that Pennsylvania law requiring discarding undated or misdated mail-in ballots violates U. S. Constitution.
US judge rules Pennsylvania rejecting undated mail-in ballots violated First Amendment - JURIST - News
Source: jurist.org
At a glance
Verified August 26, 2025Key Evidence
NPR reported the 3rd Circuit paused a lower court order requiring counting of undated ballots.
npr.orgnpr.orgPennsylvania 'undated' ballots ruling paused by 3rd Circuit : NPR
Democracy Docket and Reuters confirm the 3rd Circuit ruled that Pennsylvania can discard undated or misdated mail-in ballots.
democracydocket.comdemocracydocket.comUndated and Incorrectly Dated Mail-in Ballots Will Not Be Counted In...
reuters.comreuters.comPennsylvania can discard undated mail-in ballots, US appeals court rules
The Pennsylvania Supreme Court also upheld disqualification of such ballots.
ntd.comntd.comPennsylvania Supreme Court Rules to Disqualify Undated, Misdated Mail-In Ballots
The reporting
What the Evidence Shows
The claim that a 3-0 panel of the 3rd Circuit ruled Pennsylvania's law requiring discarding undated or misdated mail-in ballots violates the U.S. Constitution is contradicted by multiple reliable sources. Instead, the 3rd Circuit has upheld Pennsylvania's ability to discard such ballots. Key points include:
NPR reports that a ruling allowing counting of undated ballots was paused by the 3rd Circuit, indicating the appeals court blocked a lower court order favoring counting these ballots.npr.orgnpr.orgPennsylvania 'undated' ballots ruling paused by 3rd Circuit : NPR
Democracy Docket explains that the 3rd Circuit ruled undated and incorrectly dated mail-in ballots will not be counted in Pennsylvania, rejecting constitutional challenges based on equal protection.democracydocket.comdemocracydocket.comUndated and Incorrectly Dated Mail-in Ballots Will Not Be Counted In...
Reuters confirms that a U.S. Appeals court ruled Pennsylvania can discard undated mail-in ballots, directly opposing the claim.reuters.comreuters.comPennsylvania can discard undated mail-in ballots, US appeals court rules
Contrastingly, some lower court rulings and a U.S. District Court judge found rejecting undated ballots violated constitutional rights such as the First Amendment, but these decisions were not from the 3rd Circuit panel and were later superseded or stayed.jurist.orgjurist.orgUS judge rules Pennsylvania rejecting undated mail-in ballots violated First...
The Pennsylvania Supreme Court also ruled to disqualify undated or misdated mail-in ballots, supporting the state's position.ntd.comntd.comPennsylvania Supreme Court Rules to Disqualify Undated, Misdated Mail-In Ballots
democracydocket.comdemocracydocket.comUndated and Misdated Mail-in Ballots Won't Be Counted, Per Pennsylvania Supreme...
Some district judges ruled in favor of counting undated ballots citing civil rights protections, but these rulings do not reflect the 3rd Circuit's final appellate position.washingtonexaminer.comwashingtonexaminer.comPennsylvania judge rules that undated mail-in ballots must be counted
Overall, the highest appellate authority in this matter, the 3rd Circuit Court of Appeals, has upheld Pennsylvania's law allowing discarding of undated or misdated mail-in ballots, rejecting constitutional challenges. The claim that a unanimous 3-0 panel ruled this law unconstitutional is therefore false based on available evidence.
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