Pennsylvania Court, on 4-1 Vote, Holds That Failing to Count Timely But Undated (or Misdated) Mail-In Ballots Violates the State Constitution; Case Likely Headed to State Supreme Court and Potentially SCOTUS on Federal Cases

This decision could be a very big deal in the case of a very close election. And because this is a ruling that the state constitution trumps a state statute when it comes to voting, there will be an issue as to whether it can apply to federal elections (including for President) under the so-called “indpendent state legislature” theory after the U.S. Supreme Court’s decision in Moore v. Harper.

This case will likely end up at the PA Supreme Court (which just announced some special timing rules for considering election cases), and on the federal issue, potentially at SCOTUS.

Keep an eye on this one in the swingiest of the swing states.

(h/t Adam Bonin)

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