An appeals court says ‘undated’ Pennsylvania ballots don’t count

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A federal appeals panel has set up a potential U.S. Supreme Court battle about Pennsylvania’s mail-in ballots that could play a role in determining who wins this year’s presidential election and other races in the key swing state.

Mailed ballots that arrive on time but in envelopes without dates handwritten by Pennsylvania voters or with incorrect dates should not be counted, a three-judge panel of the 3rd U.S. Circuit Court of Appeals ruled Wednesday. Their 2-1 decision strikes down a lower court ruling.

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