Pennsylvania court says undated ballots won't be counted as RNC claims 'massive' legal victory

close

Video

If Republicans win Pennsylvania, they win the Senate majority: Steven Law

Senate Leadership Fund President Steven Law comments on the Senate races and John Fetterman with elections just one week away on "The Story with Martha MacCallum."

The Pennsylvania Supreme Court has banned the counting of undated or misdated absentee ballots in the upcoming midterm election.

In an order issued Tuesday, the court told the Pennsylvania county boards of elections "to refrain from counting any absentee and mail-in ballots received for the November 8, 2022 general election that are contained in undated or incorrectly dated outer envelopes."

The court said it was "evenly divided" on the issue of whether failing to count the undated ballots is a constitutional violation, and so it ordered that all the misdated or undated ballots be segregated and preserved by the county boards of elections.

A "Vote Here" sign is seen at a voting precinct in Birmingham, Michigan, Aug. 1, 2022. (Reuters/Emily Elconin)

RNC HAS LAUNCHED 73 ELECTION LAWSUITS IN 20 STATES: 'MOST LITIGIOUS' ELECTION CYCLE

Ronna McDaniel, chairwoman of the Republican National Committee (RNC), reacted to the court order in a Tuesday evening tweet, claiming a "massive" legal victory. "The PA Supreme Court agrees with us that incorrectly or undated mail ballots can not be counted in next week’s elections," McDaniel tweeted. "Republicans went to court. Now Democrats have to follow the law."

Republican National Convention chairwoman Ronna McDaniel (RNC)

GOP LAWSUIT AIMS TO FORCE PENNSYLVANIA TO REJECT UNDATED BALLOTS

The RNC, the National Republican Congressional Committee and the Pennsylvania GOP filed the lawsuit on Oct. 16, arguing that the state is illegally dodging state law and a Supreme Court ruling by saying it will count undated absentee ballots.

According to the GOP groups, Leigh Chapman, the Democratic acting secretary of state for Pennsylvania, had defied a U.S. Supreme Court decision and the Republican-majority Pennsylvania General Assembly by directing county election boards to count undated mail-in ballots.

The state serves as the arena for a closely fought contest between Pennsylvania Lt. Gov. John Fetterman and Republican Mehmet Oz for a seat that could decide control of the U.S. Senate.

A county worker collects ballots at a mail-in ballot drop-off area at the Clark County Election Department in Las Vegas. (AP Photo/John Locher, File)

DOJ’S ELECTION PLAN RAISES THREAT OF ‘SELECTIVE ENFORCEMENT’ AGAINST RED STATES, WATCHDOG WARNS

The order noted that opinions by the justices would be forthcoming.