On November 4, some Pennsylvania voting rights groups filed a new lawsuit over the issue of undated postal ballots. Although the State Supreme Court recently ruled that state law requires that undated postal ballots must not be counted, the issue of whether federal law requires a different result is still undecided. The case against the date requirement is the federal civil rights “materiality” law, which says that votes cannot be disqualified for reasons that are not material to whether the vote is an honest ballot.
The Pennsylvania law seems meaningless because all returned postal ballots are date-stamped by the elections office when they are received.
The new case is Pennsylvania State Conference of NAACP v Chapman, w.d., 1:22cv-339. The case is assigned to U.S. District Court Judge Susan P. Baxter, a Trump appointee. Here is the Complaint. Thanks to Democracy Docket for the link. This case will move very fast.