Third Circuit Issues Its Opinion Signalled by Its Earlier Order Holding that Timely-Received Pennsylvania Ballots Lacking a Date Written in By Voter Must Be Counted (Relevant to Oz-McCormick Recount Too)

You can find the unanimous opinion, with a concurrence, at this link.

The Court found that the materiality provision of the Civil Rights Act allowed a private right of action and that the failure to include the date on ballots that were otherwise received in a timely manner had to be counted. The concurrence noted that under existing rules ballots on which the voter put the wrong date are already being counted if the ballots are otherwise timely.

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