Third Circuit affirms lower-court ruling; Delaware County will continue counting misdated or undated mail ballots

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 prevents counting otherwise-valid ballots. “The third circuit has now formalized that ruling as of this morning, and we will continue to be counting those ballots pending any further proceedings in that case,” Parks said during the meeting.

Why it matters: The question had produced differing directives across courts and elections offices and affected how counties handled mail ballots in tight timeframes. County officials said the decision provides immediate operational clarity for fall elections, while also noting the possibility of further appeals or en banc review.

What the county will do now: Elections staff said they will continue to print and distribute outer-envelope instructions that include a date line “just in case” the issue returns to state or federal courts. The county also plans to monitor the docket for any next steps, including an en banc request or a petition for review by the U.S. Supreme Court. Parks advised the public that the county intends to follow whatever future court orders may arise.

Context from the meeting: County staff and board members described the litigation’s procedural history: a district-court injunction, a third-circuit reversal of an earlier decision, and the district court’s later constitutional ruling that was affirmed by the panel this morning. Parks said the case had been active for several years and that the recent opinion applies to the counting practices used in the 2025 primary.

Staff note: Elections personnel emphasized they will still instruct voters to write today’s date on the outer envelope (not birth dates or other references) to avoid confusion if the law changes again on short notice.

Looking ahead: The county will watch for any filings seeking en banc review by the Third Circuit or certiorari to the U.S. Supreme Court and will comply with any subsequent orders.