Fetterman’s campaign sues to get undated and misdated mail-in votes counted
Asher Notheis
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Lt. Gov. John Fetterman’s campaign for U.S. Senate sued Pennsylvania election officials, asking a federal judge to allow the counting of problematic mail-in ballots.
The Democrat’s campaign was joined by the Democrats’ U.S. House and Senate campaign arms and two Democratic voters in Erie County who submitted mail ballots in undated or misdated envelopes to filed suit in federal court in Pittsburgh, according to the Philadelphia Inquirer.
”The date [requirement] imposes unnecessary hurdles that eligible Pennsylvanians must clear to exercise their most fundamental right, resulting in otherwise valid votes being arbitrarily rejected without any reciprocal benefit to the Commonwealth,” the lawsuit says
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The plaintiffs also argue in their lawsuit that rejecting ballots because of the date requirement is in violation of the 14th Amendment because “a state cannot utilize election practices that unduly burden the right to vote.”
The 14th Amendment prohibits states making or enforcing “any law which shall abridge the privileges or immunities of citizens of the United States.”
The Pennsylvania Supreme Court deadlocked last week, ordering election boards to set aside but not count mail ballots sent in incorrectly dated and undated envelopes, a ruling that Republicans pushing for election security deemed a victory.
Fetterman is running against Dr. Mehmet Oz, the Republican candidate in the Senate race, and it could be a very close contest.
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Roughly 3,500 voters in Philadelphia have at least one of four problems on their mail-in ballot, including missing a signature on the outer envelope, missing a date on the outer envelope, giving an incorrect date on the outer envelope, or sending in a “naked ballot” without the inner envelope, according to lists from the city’s commissioners.
These ballots, which come from mostly older voters and trend Democratic, may be rejected unless voters take action, the city warned. This includes requesting a replacement ballot at City Hall prior to the end of Election Day or then filling out a provisional ballot.