The Pennsylvania Democratic Party filed a lawsuit against Erie County on Wednesday, arguing that many voters have yet to receive mail-in ballots ahead of Election Day.
The lawsuit argues that 10,000 to 2,000 voters who requested mail-in ballots “have not received or submitted such ballots,” and the return rate is 15 percentage points lower than average in Pennsylvania.
The lawsuit asks a judge to order various steps to ensure affected voters can still cast a valid ballot and to provide a list of those who have been impacted.
“Without redress by this Court, Plaintiff will be deprived of a lawful, full, and fair election,” the suit states.
More than 500 voters had contacted the party’s hotline to say they had “either received an incorrect mail-in ballot or have yet to receive any mail-in ballot whatsoever,” The New York Times reported.
Local outlets have reported the issue is the fault of an outside vendor who had address system failure.
The Hill has reached out to the Pennsylvania Democratic Party and the Erie County Board of Elections for comment.
In a statement Tuesday, the board said it was aware that voters in the county had not received their requested mail-in ballots.
“The Board has been working diligently with the Voter Registration Department, the Pennsylvania Department of State, and the United States Post Office to determine the origin and scope of this matter,” the board’s statement said.
The board said anyone who requested a ballot before the deadline and has yet to receive it can come to the Erie County Board of Elections office to cancel it and receive a new one until Monday, Nov. 4, at 4:30 p.m. The board also extended its operating hours for voter registration and election departments.
Pennsylvania is a critical battleground state that will help determine the presidency and if Democrats maintain control of the Senate.
It’s one of the most closely watched states and has seen a history of election-related legal battles. The two largest races in the state will be closely monitored in the coming days as the state grapples with continued legal troubles ahead of Election Day.
According to The Hill/Decision Desk HQ, former President Trump has a 0.8 percentage point lead over Vice President Harris in the state. Sen. Bob Casey (D) has a slight lead with 48 percent over his Republican challenger, Dave McCormick, who has 45.8 percent support.
Zach Schonfeld contributed to this report.
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