Democratic Senate candidate for Pennsylvania John Fetterman's campaign joined the lawsuit Monday asking that any mail-in ballots with no or incorrect dates be counted, The Philadelphia Inquirer reports.
The newspaper notes there likely will be tens of thousands of misdated mail-in ballots in the race on Tuesday, and Democrats are more likely to vote by mail than are Republicans. Fetterman, currently the state's lieutenant governor, is in a neck-and-neck race with GOP nominee Dr. Mehmet Oz.
The Fetterman campaign sued in federal court along with Democrats’ U.S. House and Senate campaign arms and two Democratic voters in Erie County who submitted undated mail ballots, according to the Inquirer. The handwritten date requirement is just a technicality and is not used to determine whether votes were legally cast, they argue in their filing.
The state Supreme Court ruled unanimously on Nov. 1 that state officials cannot count votes from mail-in or absentee ballots that lack accurate, handwritten dates on their return envelopes
The court directed county boards of elections to “segregate and preserve” those ballots.
The total number of the undated envelope ballots may be enough to determine the winner of a close race. In the 2020 presidential election, Philadelphia reported receiving almost 381,000 mail ballots. Among them were about 8,300 undated ballots
The Associated Press contributed.
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