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UnaffiliatedOpinion t1_iuuhlao wrote

The law says that "the elector must date and sign" the declaration on the envelope. What I believe has happened is that courts held that the meaning of "date" may be ambiguous. For example if someone fills out the ballot one day, seals the envelope on another day, and mails it on another day, which date is supposed to be in the envelope? It's not specified. So if the meaning is ambiguous, it is a slippery slope from there.

But it is specified that a date must be written, so not writing a date at all is clearly not ok.

So yes, it may be that the date requirement is pointless, but it is not necessarily the role of the judge to determine whether a law has a useful purpose or not.

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