A little-watched federal court case could upend the neck-and-neck Republican Senate primary in Pennsylvania between Dr. Mehmet Oz and David McCormick.
On Friday afternoon, a three-judge panel for the 3rd Circuit Court of Appeals issued a judgment saying election officials should count several hundred mail ballots that were submitted without a date written on their mailing envelopes in a November 2021 county judgeship election, as long as they were otherwise received on time.
But as an example, Nick Custodio, a deputy Philadelphia city commissioner, said there were 2,100 mail and absentee ballots that had been received without dates in Philadelphia as of Friday afternoon. Of those, about 100 were Republican ballots. But Adam Bonin, a Democratic election lawyer involved in the case, said he personally believes the order should impact how counties tally votes in the Tuesday primary.
Custodio said Philadelphia City Commissioners will vote next week on whether to count ballots without dates.“The numbers of undated ballots are scary,” she said. “And even if the number were five, it’s still five too many. A voter’s done everything. They filled out the application. They got the ballot. We know we got the ballot back in time. … So it just always seemed like an unnecessary step and I’m glad that the federal court agreed.
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