On May 25, the plaintiffs in Migliari v Lehigh County Board of Elections, 22-1499, filed their brief in the Third Circuit. This is the case in which the Third Circuit relied on the “materiality” clause in the federal Voting Rights Act to rule that postal ballots in which the voter forgot to add the date on the outer envelope is not reason to invalidate that ballot. The Third Circuit already ruled that the ballot should be counted. Now one of the candidates is trying to persuade the Third Circuit to stay its own decision, so that he can appeal to the U.S. Supreme Court.

The May 25 brief points out that no one knows at this point what impact counting those ballots will have. It might even help the candidate who is fighting to prevent the ballots from being counted.