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Suit over 'cured' ballots advances

Another lawsuit was rejected

An elections lawsuit involving U.S. Rep. Mike Kelly, R-16th, will move forward Friday, while one by President Donald Trump's campaign was rejected, granted, then again rebuked on Thursday.

Kelly, another Republican lawmaker and three voters filed suit Tuesday night in the Commonwealth Court, asking the state's intermediate appellate court to reject provisional ballots that “cured” initially deficient mail-in ballots. A hearing in that case is scheduled Friday morning.

That lawsuit asserts that the state's current method of ameliorating issues with mail-in ballots, which includes having the voters fill out a provisional ballot, contradicts state law.

As evidence, Kelly and the other plaintiffs include an email sent by the Pennsylvania Department of State and a text message from a department representative that both stated voters could be contacted to vote provisionally if there were issues with their ballots.

A common issue with mail-in ballots this year was “naked ballots,” or those that arrived without an inner “secrecy” envelope in addition to the outer, pre-addressed envelope.

The Philadelphia Inquirer reported that seven counties — Bucks, Erie, Leigh, Luzerne, Montgomery, Philadelphia and York — had contacted voters or informed party representatives about inadequate ballots.

The plaintiffs seek relief through the means of having the provisional ballots tossed out.

The Trump campaign filed a lawsuit Wednesday in Philadelphia, asking the court to allow its observers to stand more closely to the process of mail-in ballots being counted.Originally, the Court of Common Pleas rejected the campaign's request Wednesday, but on Thursday the Commonwealth Court reversed the lower court's ruling and ordered Philadelphia to allow Trump campaign observers to stand closer to the counting process.That temporarily halted the counting of votes in Philadelphia, but the city appealed that ruling to the state Supreme Court, which then reversed the Commonwealth Court's ruling. It was unclear Thursday if the campaign intended to pursue the issue any further.

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