HARRISBURG — A Pennsylvania judge is ruling that primary election votes cast on a constitutional amendment ballot question to change the state’s judicial retirement age won’t count.

Commonwealth Court Judge Kevin Brobson turned down a request Wednesday by three Democratic state senators to invalidate a resolution that passed the Legislature earlier this month delaying the vote from next week until November.

Brobson says it’s up to state and county elections officials to explain to voters that the amendment isn’t yet before voters, “regardless of what the actual ballot may say.”

He says the constitution gives lawmakers the power to determine how and when voters will consider amendments.

Brobson says the secretary of state can determine if last-minute changes should be made to the software used to compile and report election night results.

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