Casey: 3,378,352 + 19,500 = 3,397,852

McCormick: 3,395,784 + 5,000 = 3,400,784

The Pennsylvania Supreme Court on Monday issued a ruling reiterating its previous stance that undated or misdated mail ballots should not be counted in the 2024 election, dealing a blow to Democratic U.S. Sen. Bob Casey’s hopes that a recount and litigation will help him overcome his more than 15,000-vote deficit to Republican Dave McCormick.

The 4-3 ruling, which was requested by the Republican Party and opposed by Casey’s campaign, followed moves by elections officials in Democratic-controlled counties — including Philadelphia, Bucks, and Montgomery — to have the ballots counted despite the high court instructing them to exclude those votes earlier in the year. The ruling applies to all counties.

Democrats in those counties and elsewhere have pushed to include mail ballots with defects related to the dates voters are required to write on them because the dates are not used by election administrators to determine whether ballots are legitimate. Instead, they only count ballots that are received between when the ballots are distributed and Election Day, making it impossible for a vote to be counted outside of that timeframe regardless of what date a voter writes on the ballot.

Republicans have argued that those votes must be excluded from the count because state law requires voters to date their mail ballots. McCormick’s campaign joined the GOP lawsuit after it was filed. While the ruling settles how these types of ballots are handled this year, the longer legal battle may not be over because the court has not yet weighed in on the underlying question of whether rejecting undated ballots on what Democrats describe as a technicality constitutes a violation of rights guaranteed to voters by the state constitution.