WASHINGTON, D.C. — All three counties at the center of a Pennsylvania lawsuit have now certified their primary election results to include undated mail-in ballots. The action this week comes after the Pennsylvania Commonwealth Court released an order last Friday, Aug. 19 directing the counties to include these ballots in their certification totals by Aug. 24. The undated mail-in ballots are valid and received in a timely manner, but are simply missing a handwritten date on their outer return envelopes. In prior lawsuits in the state, both federal and state courts have ruled that undated ballots must be counted.
However, after the May 2022 primary election, the Republican-controlled county boards in Berks, Fayette and Lancaster counties refused to include undated mail-in ballots in their totals. The Pennsylvania Department of State sued the counties and the Commonwealth Court heard oral arguments in the case in July.