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Third Circuit affirms lower-court ruling; Delaware County will continue counting misdated or undated mail ballots
Summary
A federal appeals court issued a precedential opinion in Eakin v. Adams County affirming a district court order that ballots with missing or incorrect dates on their outer envelopes should not be discarded; Delaware County elections officials said they will continue current practice and will keep instructing voters to date envelopes.
The United States Court of Appeals for the Third Circuit issued a unanimous precedential opinion in Eakin v. Adams County, affirming a lower court ruling that mail and absentee ballots should not be discarded solely because the outer envelope lacked a date or contained an incorrect date. Board member Parks told the Delaware County Board of Elections on Aug. 26 that the ruling means the county’s recent practice of counting such ballots during the 2025 primary will continue.
The ruling resolves litigation dating to February 2022 over whether Pennsylvania’s requirement that outer envelopes be dated…
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