Fetterman Sues To Count PA Ballots Without Handwritten Dates

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Trevor Schakohl Legal Reporter
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Democratic Pennsylvania Senate nominee John Fetterman’s campaign filed a lawsuit Monday challenging state law that requires voters to hand-date absentee ballot envelopes.

The Pennsylvania Supreme Court struck down a Pennsylvania State Department rule Nov. 1 ordering that undated or wrongly dated ballots be counted. State law mandates that voters correctly date their absentee ballots’ envelopes, but the lawsuit argues this rule runs afoul of the 1964 Civil Rights Act and the First and Fourteenth Amendments and calls for counting ballots even if they are undated or dated incorrectly.

The Pennsylvania Supreme Court decision came after an October U.S. Supreme Court ruling that overturned a May circuit court order to count undated ballots in a local judicial election. (RELATED: Election Commission Deputy Director Accused Of Election Fraud, Sending Ballots To State Rep’s Home)

Fetterman’s Republican opponent Mehmet Oz criticized the circuit court ruling in a May amicus brief during his own primary race. “Doctor Oz for Senate and Dr. Mehmet Oz support and seek to uphold the will of Pennsylvania’s voters, Pennsylvania’s free and fair elections, and the General Assembly’s duly enacted laws governing those elections,” the brief said.

Oz led Fetterman by about 2% in a InsiderAdvantage and FOX 29 Philadelphia poll released Friday. Democratic gubernatorial candidate Josh Shapiro held a 51% to 43% advantage over Republican Doug Mastriano.

Fetterman and Oz’s campaigns did not immediately respond to the Daily Caller News Foundation’s requests for comment.

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