A Pennsylvania appeals court on Wednesday ruled that the state constitution prohibits the disqualification of timely mail ballots because of a missing or improper date.

Though the 3-2 majority stressed their decision only concerns 69 rejected votes in a special election last month — which will have no impact on the outcome — it ushers in new uncertainty surrounding mail ballot rules on the eve of next week’s presidential election.

The dispute could now head to Pennsylvania’s top court, which previously rejected an effort to count undated and improperly dated mail ballots because of procedural issues with the lawsuit.

Both campaigns view Pennsylvania as a must-win battleground, with polling indicating a tight race that could be impacted by any change in what ballots are deemed proper.

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