Overview

• The 3rd U.S. Circuit Court of Appeals ordered Pennsylvania to count mail ballots even when return envelopes are undated or misdated.
• The unanimous three-judge panel upheld a March district court ruling in a case brought by the American Federation of Teachers and Democratic campaign committees.
• Judges D. Brooks Smith, Arianna Freeman, and Patty Shwartz concluded the date field does not aid fraud detection and that discarding such ballots hampers election administration.
• Republican entities including the RNC opposed the suit, and the RNC and state officials said they are reviewing options that could include en banc or U.S. Supreme Court review.
• Thousands of ballots have been rejected for date errors in past elections, a small share of votes that can matter in close Pennsylvania races.