Court ruling could upend Pennsylvania Senate race

On Friday afternoon, a three-judge panel for the 3rd Circuit Court of Appeals issued a judgment saying election officials should count several hundred mail ballots that were submitted without a date written on their mailing envelopes in a November 2021 county judgeship election, as long as they were otherwise received on time.

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It was not immediately clear how sweeping the reach of the circuit court’s ruling will be because a formal opinion from the panel is still forthcoming. But it could have a serious impact on the Senate race. Oz and McCormick were separated by about 1,100 votes as of Friday afternoon, and the ruling could introduce into the pool an as-yet-unknown number of similarly-situated ballots that would not have initially been counted.

A spokesperson for the Department of State told POLITICO that it was not immediately clear how many ballots that were otherwise received in a timely fashion by county election officials were rejected because of a missing date. Ellen Lyon, a spokesperson for the agency, said that it would be “surveying counties to get that figure and issuing guidance to support them,” and anticipated having that information early next week.

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