Pennsylvania Republicans file lawsuit to stop counting of undated mail-in ballots

2D941N0 Ballot Drop Boxes in Philadelphia, Pennsylvania, U.S. November 2, 2020. REUTERS/Rachel Wisniewski

Photo: Alamy

Pennsylvania Republican voters are fit to be tied after the Pennsylvania Department of State opted to advise counties to allow the inclusion of undated mail-in ballots in the vote counting process for this year’s heated midterm general election.

According to a report from The Epoch Times, the Republican National Committee and the Pennsylvania Republican Party have filed a lawsuit with the state Supreme Court, requesting invalidation for the State Department’s move to advise the counting of undated ballots.

The PA Department of State’s advisement regarding undated ballots

The state’s announcement comes on the heels of the U.S. Supreme Court’s order in Migliori v. Lehigh County Board of Elections.

As previously reported by RSBN’s Elad Hakim:

“In the order, the court vacated the judgment of the United States Court of Appeals for the Third Circuit and ordered the appellate court to dismiss the case as moot. As reported by Fox News, the appellate court ruled that ballots in undated envelopes must be counted, that a handwritten date had no bearing on a voter’s eligibility to vote, and that invalidating such undated ballots would violate voters’ civil rights.

The Supreme Court’s order in Migliori’s case invalidated the appellate court’s decision and prevented other states in the circuit from relying on the decision as precedent.”

The Pennsylvania Department of State’s official Twitter account further expanded on the matter: “Every county is expected to include undated ballots in their official returns for the Nov. election, consistent with guidance & @CommonCtofPA decision. Today’s order from SCOTUS vacating Third Circuit’s judgment on mootness grounds does not affect prior decision of @CommCtofPA.”

Pennsylvania Republicans, however, have an issue with the State Department’s and the secretary of state’s subsequent decision to count undated ballots as the general election rapidly approaches.

Per The Epoch Times, petitioners in the lawsuit are asking the court to “issue a declaration that the date requirement is valid and mandatory, and that the Acting Secretary’s contrary guidance is invalid. Moreover, to preserve the rights of all voters and candidates, the Court should immediately issue an order directing county boards of elections to segregate any undated or incorrectly dated ballots received for the 2022 general election.”

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