Berks, Fayette and Lancaster counties were ordered to count the undated mail-in ballots, and the judge gave the counties a Wednesday deadline to certify their primary election results — including the undated ballots — and report back to state election officials.
The ruling came more than a month after the Wolf administration filed suit against the counties’ election boards to force them to count the undated ballots and certify their results.
In Friday's ruling, Cohn Jubelirer noted the state Legislature did not expressly state that ballots lacking a handwritten date on the exterior envelope should be rejected. But other sections of the election law do require certain defective ballots to be invalidated, such as those that reveal a voter's identifying information, she wrote.
The 2019 election law requires voters to write a date next to their signature on the outside of mail-in return envelopes. But the handwritten dates do not determine whether voters are eligible or if they cast their ballots on time.
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