Yesterday I wrote about this decision of the PA Commonwealth Court, that has injected new uncertainty over the treatment of misdated or undated but timely mail in ballots in Pennsylvania. This issue keeps percolating up to the PA Supreme Court, which has passed on the opportunity this election to consider whether failure to count these ballots violates the state constitution’s voting rights protections. Yesterday the Commonwealth Court found a constitutional violation in the context of an earlier election, and the question is whether this ruling could now apply to this imminent election.

Today the Republican Party went to the Pennsylvania Supreme Court and filed this motion, asking for a ruling by Monday, the day before election day. The relief it wants: “The Court therefore should stay or, at a minimum, modify the majority’s order to make clear that all county boards of elections remain bound to enforce the General Assembly’s date requirement in the 2024 General Election and all future elections pending this Court’s decision on the forthcoming appeal.”

Getting clarity on this point is crucial given the new uncertainty injected yesterday by the lower court.