Case Summary
LWVPA and partners filed a motion to intervene in this case to defend its claims in a parallel case related to mail ballots, PA NAACP v. Schmidt. When the motion was denied, LWVPA filed an amicus brief arguing that disqualifying votes based on the date requirement violates the Civil Rights Act and the First and Fourteenth Amendments.
In 2022, a group of plaintiffs sued Pennsylvania’s 67 county boards of elections challenging the “Date Instruction” for mail-in ballots. The instruction prevents counties from counting undated mail-in ballots. This includes ballots that were received before the deadline and are otherwise valid, but do not have the date on their outer return envelopes. The plaintiffs alleged that not counting these undated or wrongly dated mail-in ballots violated the Materiality Provision of the Civil Rights Act. They also alleged that not counting these ballots violated the First and Fourteenth Amendments by placing an undue burden on the right to vote. This case was built on an identical factual record as PA NAACP v. Schmidt, in which LWVPA is a plaintiff.
On March 31, 2025, the district court granted the plaintiffs’ motion for summary judgment and held that enforcing the envelope-date rule violates the First and Fourteenth Amendments. On April 14, LWVPA and co-plaintiffs filed a Rule 54(b) motion in its case, PA NAACP v. Schmidt, asking for a judgment on the same claim at issue in Eakin and for the court to hear the appeals together. While awaiting the response on the 54(b) motion, the Third Circuit granted the RNC’s request for an expedited appeal in Eakin. To prevent the Third Circuit's decision in Eakin from deciding PA NAACP’s claims without the PA NAACP’s plaintiffs’ involvement, the plaintiffs filed a motion to intervene directly in the Eakin appeal on April 29, 2025. The Third Circuit denied the motion to intervene on May 2, 2025. That same day, the court denied Pennsylvania’s motion for a stay of the March 31, 2025 judgment pending appeal.
The PA NAACP plaintiffs then filed an amicus brief in the Third Circuit in support of voters on June 9, 2025. The amici argued that the record in Eakin, which is identical to the PA NAACP record, demonstrates a substantial burden on the right to vote with no justification for that burden, and that the district court’s decision should be affirmed.
On August 25, 2025, the Third Circuit rejected a motion from the RNC to allow counties to reject undated and wrongly dated ballots through the 2025 general election and resolution of the appeal. On August 26, the Third Circuit upheld a lower court decision that ruled that the date requirement for mail-in ballots violates the First and Fourteenth Amendments. Counties cannot reject mail-in ballots solely due to an incorrect or undated envelope.
LWVPA is represented by ACLU Voting Rights Project, ACLU of PA, and Hogan Lovells US LLP.
LWV Timeline
Plaintiffs file suit
The Eakin plaintiffs file a complaint against PA county election boards for burdening the right to vote through disqualifying mail ballots under the Date Instruction.
District court strikes down date requirement
The district court rules the Date Instruction for mail-in ballots violates the First and Fourteenth Amendments and is unconstitutional.
PA NAACP plaintiffs — including LWVPA — file a motion to intervene
The PA NAACP plaintiffs move to intervene in Eakin to ensure their voting rights claims are not discounted.
Third Circuit denies PA NAACP’s plaintiffs’ motion to intervene
The circuit court denies PA NAACP’s motion to intervene in this case. However, it also denies Pennsylvania’s request to let counties reject undated and wrongly dated ballots in the May 2025 primary.
PA NAACP plaintiffs file an amicus brief
PA NAACP plaintiffs file an amicus brief arguing that the dated ballot requirement is unconstitutional by placing an undue burden on the right to vote. The brief points out the factual records in Eakin and PA NAACP are the same and asks the Third Circuit to affirm the ruling in Eakin.
Third Circuit upholds decision striking down the mail-in ballot date requirement
The court upholds a lower court decision striking down the date requirement for mail-in ballots across Pennsylvania for violation of the First and Fourteenth Amendments.
Third Circuit denies rehearing en banc
The full Third Circuit Court of Appeals denies the RNC's request for a rehearing of the panel's decision by the entire court.