Daily News | Republicans want the Pa. Supreme Court to stop undated mail ballots from being counted
Both sides’ legal arguments have weaknesses.
The ruling in August — which, coming from a lower court, doesn’t overturn precedent — said that the 2020 ruling, wasn’t actually precedent itself because of how it was decided. The facts are also different now, the judge ruled in August. But her opinion is also not precedent, leaving both sides disagreeing not only over the interpretation of the law and of court opinions, but also how much weight to give various rulings.
In this instance, the Republicans argue that the question of undated ballots is a pressing and immediate matter that, if left unaddressed, could lead to ballots being counted that should be rejected. And whatever the ultimate decision might be, they say, the 67 Pennsylvania counties may treat undated ballots differently — some counting them, some rejecting them, and others keeping them separated from the rest of the votes while awaiting a final decision.
In addition to making their ultimate request — that the court rule to reject undated mail ballots — the Republicans push back against Leigh Chapman, the acting secretary of state, for telling counties to count undated mail ballots. Chapman, the state’s chief elections official as the head of the Pennsylvania Department of State, has told counties that the U.S. Supreme Court’s order doesn’t change the need to count undated ballots.
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