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The 3rd U.S. Circuit Court of Appeals rejected an attempt from left-wing organizations to have the court reconsider a ruling that found unelected bureaucrats were wrong to accept thousands of undated or incorrectly dated ballots during the 2020 election.
A three-judge panel for the 3rd Circuit ruled in a 2-1 decision in March that any mail-in ballots that arrive in envelopes missing a date or with an incorrect date are invalid, upholding a state law and overturning a lower court’s decision.
Several left-wing organizations appealed the ruling by petitioning the court to review the decision en banc, a petition which was denied on Tuesday. It’s a big blow for Democrat operative and Russia hoaxer Marc Elias, whose group supported the lawsuit against the state law and which called it a “crucial” and “critical” case ahead of 2024. //
The panel for the 3rd Circuit overturned Baxter’s ruling, admitting that while their immediate reaction would be to find that a “failure to date a return envelope should not cause his ballot to be disqualified,” their role was simply to determine when the Materiality Provision can be applied.
“We hold that the Materiality Provision only applies when the State is determining who may vote,” Judge Thomas Ambra wrote. “In other words, its role stops at the door of the voting place. The provision does not apply to rules, like the date requirement, that govern how a qualified voter must cast his ballot for it to be counted.”