A Pennsylvania intermediate appellate court has ordered the state’s election officials to track US Senate primary race mail-in ballots without dated envelopes.

The mail-in ballot counting lawsuit was filed by the campaign of David McCormick, asking Pennsylvania to count ballots even if they lacked the required handwritten date on the external envelope. McCormick and Dr. Mehmet Oz are closely competing in the Republican primary contest for Pennsylvania’s open seat in the Senate.

Judge Renée Cohn Jubelirer’s reasoning included that “the absence of a handwritten date on the exterior envelope could be considered a ‘minor irregularity’ without a compelling reason that justifies the disenfranchisement of otherwise eligible voters by not counting their timely received ballot.” Further, Jubelirer urged the power to throw out ballots for “minor irregularities” to be “used very sparingly, and voters should not be disenfranchised except for compelling reasons.”

When a final decision regarding counting the dateless envelope ballots is made, “the Acting Secretary will have the necessary reports from the County Boards.”

Thursday’s ruling comes after the US Supreme Court earlier this week issued a temporary order that blocked the counting of some Pennsylvania mail-in ballots that do not have a handwritten date.