Joshua Voss, a Partner in Kleinbard’s Litigation Department, was quoted in The Philadelphia Inquirer on the uncertainty surrounding the validity of mail-in ballots in Pennsylvania’s primary election between Republican Senate candidates Mehmet Oz, who is represented by Kleinbard, and David McCormick. McCormick filed a lawsuit in Pennsylvania’s Commonwealth Court seeking to compel all of the state’s counties to count ballots that were received on time but were missing a handwritten date on their envelope — a defect would previously have led to them being rejected under state law. The request was based on a ruling in a case involving a David Ritter, a candidate for Lehigh County Judge, who is contesting the results of the 2021 general election in which undated mail ballots were counted, giving Democratic candidate Zachary Cohen the win. Voss, who represents Ritter, recently argued before a Third Circuit panel which ruled that the date on the ballot envelope was irrelevant to the vote’s legitimacy. Voss requested to stay the implementation of the ruling, saying the Supreme Court should be allowed to weigh in before the undated ballots are counted in the 2021 race and noted that a successful appeal in Ritter’s case would benefit Oz and his position on undated ballots to be thrown out in the Senate race.
“Absent a stay, Ritter’s opponent could wrongly assume office, and Pennsylvanians will be subject to the power of an official who was seated in error,” Voss wrote. “Ritter asks the Court not to preemptively cut off his right to further review.”
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