The decision to sue the Pennsylvania County Board of Elections comes nearly a week after the Pennsylvania Supreme Court ordered the board to refrain from counting any absentee and mail-in ballots received for the Nov. 8 general election that are in files without date or with an incorrect date. WALLINGFORD, PA – OCTOBER 15: Democratic US Senate candidate John Fetterman holds a rally at Nether Providence Elementary School on October 15, 2022 in Wallingford, Pennsylvania. Election Day will be held nationwide on November 8, 2022. (Photo by Mark Makela/Getty Images) (Mark Makela/Getty Images) The court also ordered that all incorrect or undated ballots be removed from the mix and retained by the county board of elections because it was “equally divided” on whether the failure to count those ballots was a constitutional violation. PENNSYLVANIA COURT SAYS VOTES WILL NOT BE ACCURATELY COUNTED AS RNC Claims ‘Massive’ LEGAL VICTORY Fetterman and his U.S. Senate campaign sought a federal court order to count all mail-in ballots, regardless of the date voters write on the outside of the envelope. Dr. Oz and John Fetterman face off for the US Senate in the midterm elections.
Pennsylvania requires all voters who submit ballots by mail to “complete, date and sign the statement” in the envelope in which the ballot is placed. The Philadelphia Inquirer reported that the Fetterman campaign filed the suit in federal court in Pittsburgh along with the Democratic campaign for the US House and Senate. The suite also included two Democratic voters from Erie County who submitted undated ballots. PENNSYLVANIA COURT REJECTS REPUBLICAN’S INITIATIVE TO STOP FIXING BALLOTS WITH WRONG DATES “The date [requirement] imposes unnecessary hurdles that eligible Pennsylvanians must clear to exercise their most fundamental right, resulting in otherwise valid votes being arbitrarily discarded without any mutual benefit to the Commonwealth,” their lawsuit states, according to the Philadelphia Inquirer. The race between Fetterman and Republican candidate Dr. Mehmet Oz is slim with recent polls giving the latter a slight lead over his rival. CLICK HERE TO GET THE FOX NEWS APP It is estimated by Fetterman’s camp that thousands of ballots will be left uncounted for what they describe as a technicality related to an incorrect or missed date. Greg Wehner is a breaking news reporter for Fox News Digital.