The GOP's filing late Sunday went straight to the state Supreme Court, with barely three weeks left before Election Day. The court does not have to take up the lawsuit.
The state and national Republican parties are suing anew in Pennsylvania in an effort to block some mail-in ballots - those lacking the voter's handwritten date on the return envelope - from being counted in November, when voters will elect a new governor and U.S. senator.
The effort by Republicans to ensure that improperly dated or undated ballot envelopes are thrown out could help their candidates in tight contests around the state. In an email to county officials, a top state elections official wrote that a June state court decision found that "both Pennsylvania and federal law prohibit excluding legal votes because the voter omitted an irrelevant date on the ballot return envelope, and that decision remains good law."
Democrats have argued that throwing out a voter's ballot because it lacks a proper date violates their civil rights, and that the provision is useless anyway because mail-in ballots are supposed to be postmarked and then time-stamped by the county receiving them. They say that the law gives no purpose for the requirement of a date, anyway.
Even before that, the state Supreme Court, in a 2020 decision, agreed that the Legislature had meant to require that ballot envelopes to be dated - a decision cited by the Republican plaintiffs in the new case.
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