The "Battle of the Ballots" is heating up in Centre County, where close to 100 primary election ballots remain under review.

The county election board contends that the group challenging the validity of the ballots filed their court suit "too late."

In review, 95 mail-in ballots from April’s primary election were flagged with possible problems on how they were dated or not dated.

The county election board decided to include the ballots in the final count, but before they were certified, a court suit was filed, claiming the ballots shouldn't be counted due to the dating errors.

“Then it says today's date here, required. It has two spots for the month, it has two spots for the day. It has the year 20 written in it, and two spots for 24 to be placed inside.”

Michelle Schellberg filed the suit and the county's final primary election count certification was put on hold, with legal arguments ongoing.

“That was affirmed by the federal third circuit, in a subsequent appeal, followed by your solicitor, on behalf of 14 counties.”

A court hearing is scheduled in Centre County court for Thursday. In their latest filing, the county election board wants the ballot legal challenge dismissed, claiming it was filed too late, ten days too late they argue.

A judge has ruled the hearing will consider arguments both on the original appeal to toss out the ballots, along with the election board's response asking to dismiss that appeal.

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