On Friday, to protect and uphold election integrity laws across our country, Attorney General Catherine Hanaway led a coalition of 21 states to call on the U.S. Supreme Court to overturn a federal appellate court ruling that struck down a longstanding, commonsense Pennsylvania law that required voters to handwrite the date on mail-in ballots. The Republican National Committee (RNC) and the States argue that the lower court, completely lacking judicial restraint, badly erred in striking down this simple rule.
“The 3rd Circuit ruling is legislating from the bench. Plain and simple,” said Attorney General Hanaway. “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.”
Missouri’s brief asserts that the 3rd U.S. Circuit Court of Appeals ruling in Eakin v. Adams County Board of Elections is an unfounded precedent that undermines federalism and the separation of powers by giving federal courts undue authority over election rules. The Constitution clearly assigns this duty and responsibility to state legislatures. Under the approach of the 3rd Circuit, unelected judges would assume the authority to find even the most straightforward election-integrity requirement unconstitutional.
The Supreme Court has never found a non-discriminatory, ballot-casting regulation severely burdensome or a violation of the right to vote. Requiring voters to date mail-in ballots is not an unusual burden and it advances legitimate state interests in orderly administration, reliability, and deterring election fraud. Missouri and the States ask that the Supreme Court grant the RNC’s request for review and ultimately reverse the 3rd Circuit ruling.
Attorneys General from the following states joined the Missouri-led filing: 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.
The full amicus brief can be read here.
