Pennsylvania sues 3 counties over counting mail-in ballots

HARRISBURG, Pa. — Pennsylvania’s elections agency is suing three Republican-controlled county governments to force their election boards to report primary results to include ballots with undated exterior envelopes.

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The Department of State on Tuesday sued Fayette, Lancaster and Berks in Commonwealth Court.

The complaint describes them as “outlier counties” that have not properly certified vote tallies in the May 17 election that included nominating contests for U.S. Senate, governor and most of the Legislature.

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The department wants an order forcing the three counties to include in their primary election tallies all absentee and mail-in voters, “even if the voter failed to write a date on the declaration printed on the ballot’s return envelope.”