The Supreme Court has vacated a decision by the Third Circuit Court of Appeals forcing Pennsylvania to count mail-in ballots which are undated on the outside of the envelope.

They are also instructing the Third Circuit to dismiss the case as moot, considering the votes have already been counted and certified.

Earlier this year Alito, Thomas and Gorsuch said this ruling by the Third Circuit was wrong when they dissented from the high court refusing to stay this ruling:

The Third Circuit’s interpretation broke new ground, and at this juncture, it appears to me that that interpretation is very likely wrong. If left undisturbed, it could well affect the outcome of the fall elections, and it would be far better for us to address that interpretation before, rather than after, it has that effect.

They went on to say that this ruling “seems plainly contrary to the statutory language.”

Even though the stay was denied in June, the ruling has now been undone by the Supreme Court and cannot be used as a precedent to allow undated ballots to be counted. Which is a small victory in the name of free and fair elections.

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