U.S. Supreme Court Rules Against Counting Undated Pennsylvania Mail-In Ballots

The U.S. Supreme Court invalidated a lower federal court’s decision Tuesday allowing Pennsylvania counties to count undated mail-in ballots. 

The case originated in 2021 after Republican David Ritter and Democrat Zachary Cohen vied for a judgeship on the Lehigh County Court of Common Pleas and their race came to a near tie. Cohen eventually netted a five-vote lead when the Philadelphia-based Third U.S. Circuit Court of Appeals resolved a dispute between the candidates about whether to count 257 absentee ballots. Those sheets were returned in envelopes on which the voter failed to write a date. 

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Pennsylvania Senate Nomination Could Hinge upon Mail-In Ballot Decision

The determination of Pennsylvania’s unsettled Republican Senate nomination battle between Mehmet Oz and Dave McCormick could depend on a federal court decision regarding undated mail-in ballots.

As of Sunday afternoon, Oz held 418,535 votes to McCormick’s 417,465, putting the former ahead by far less than the 0.5 percent maximum gap that triggers an automatic recount. While over 99 percent of all ballots cast in the election have been counted, an ongoing dispute about whether undated absentee ballots should be deemed valid has the potential to erase Oz’s lead.

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