U.S. District Judge Richard Williams said Tuesday that he will hear the lawsuit on Nov. 10. He ordered election officials to keep the late-arriving ballots until then.
The McCain campaign praised William's decision.
"This will help to ensure that local election officials do not destroy or dispose of these ballots before the court has had an opportunity to rule on our complaint," spokeswoman Gail Gitcho said in a written statement.
Judge Orders Virginia Officials to Keep Late Ballots - FOXNews.com Elections
Blogged with the Flock Browser