On September 16, the Third Circuit refused to order Pennsylvania election officials to put Brandon Pugh on the November 4, 2025 ballot as the Republican nominee for Mayor of Lyons Borough. Pugh v Berks County Board of Elections, 25-2724. Pugh had received more write-in votes in the Republican primary for that office than anyone else (no one was on the primary ballot). But he couldn’t be nominated because the number of write-in votes he received was fewer than ten, and the Pennsylvania law required write-in candidates to get at least ten write-ins. If he had been on the primary ballot, and no one else had outpolled him, he could have been the nominee even if he had only one write-in vote.
The Third Circuit order said the constitutional issue is not being decided in today’s action.