The Democratic Senatorial Campaign Committee, Democratic Congressional Campaign Committee and Fetterman for USA filed suit against Pennsylvania's 67 county boards of elections. They challenge the "Date Instruction" which prevents counties from counting undated or wrongly dated mail-in ballots. They argue that not counting these ballots violates the Materiality Provision of the Civil Rights Act. They claim that whether a mail-in ballot is undated or wrongly dated has no materiality as to whether the individual is eligible to vote, because Pennsylvania law determines eligibility based on the date of the election, not the date marking the ballot. The plaintiffs also claim that the Date Instruction violates the First and Fourteenth Amendment by placing an undue burden on the right to vote. The plaintiffs ask that the county boards of elections be prohibited from rejecting undated or wrongly dated mail-in ballots based on the Date Instruction.
