Solicitor: Court orders mean Northampton County will continue counting undated mail‑in ballots unless a higher court rules

Michael Vargo, the county solicitor working with the election commission, told members at the March 3 meeting that two pending lawsuits could affect local elections but that the county will continue to follow existing court orders unless told otherwise.

"The most recent court order in the federal litigation in that case requires the county to count undated and misdated mail in ballots, which is what we did last year in the general election," Vargo said. He added that a petition has been filed asking the U.S. Supreme Court to take the federal case on appeal but that the high court has discretion to accept or decline the petition.

Vargo also summarized a Commonwealth Court appeal tied to local redistricting and said the Commonwealth Court had declined a request for a stay, so the common pleas court orders remain in effect for now. "If there is a different order issued by the Commonwealth Court, we will abide by the Commonwealth Court's order," he said.

The solicitor framed those developments as instructions the county will follow as long as they remain the controlling orders. He said the county’s plan is to continue counting undated and misdated mail‑in ballots for the upcoming primary and general elections "unless ordered to do otherwise." He also noted the procedural uncertainty: whether the U.S. Supreme Court will accept the appeal is unclear.

The commission did not take action on the litigation reports at the meeting; the solicitor’s update served as information for commissioners and staff ahead of the May primary.