EMMAUS, Pa. -- Former East Penn School Board President Ken Bacher is postponing his retirement for the time being.

It comes after 250 mail-in ballots were not dated in Lehigh County. Those ballots are fueling a legal challenge in the judicial race between Republican David Ritter and Democrat Zachary Cohen.

A judge recently ruled the ballots should be counted. That has since been challenged by Ritter, and Republicans in the state House.

Because of the uncertainty of those undated ballots, election results have yet to be certified, even for the East Penn School board and other boards in Lehigh County.

And now, it's affecting different local school districts, including East Penn.

The East Penn School District currently has nine board members and must meet a 'five-member quorum' rule. This means they need at least five people to vote on anything at meetings.

But the issue is that four members' terms expire on Monday. This brings the board down to five members. However, Bacher's plans for retirement would leave them with four left, stopping them from voting on different topics.

"I don't think people realize how much can't happen if school boards can't vote. If we didn't have a quorum, we couldn't vote on anything. So that means people can't be hired, the district can't pay its bills," said School Board Director Alisa Bowman.

Fortunately, as a way to avoid any voting issues, Bacher has agreed to stick around a little longer until the election issues are hashed out.

"It's very important that the new members that were elected get to participate in one, filling the vacancy on the board and two, reorganizing and choosing a president. This was a solution to the problem that accomplishes both those tasks," said Bacher.

After a unanimous vote, he was sworn back in Sunday and will fill that vacancy on the board until the county certifies those outstanding votes.

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