The Lead

Red states file brief in support of Pa. GOP efforts to block late-arriving ballots from count

By: - November 9, 2020 4:17 pm

Pennsylvania is redesigning its mail-in ballots for 2024. (Capital-Star photo)

On Monday, 10 red states filed an amicus brief in the U.S. Supreme Court in support of Pennsylvania Republicans who are fighting to have ballots arriving after Election Day discounted. 

Alabama, Arkansas, Florida, Kentucky, Louisiana, Mississippi, South Carolina, South Dakota and Texas and Ohio all joined the brief, with Ohio giving its approval on the “Independent State Legislature Doctrine,” which places constitutional powers in the hands of state Legislatures, including the regulation of elections. 

Under orders from the Pennsylvania Department of State and Secretary Kathy Boockvar, county election officials were already separating late-arriving ballots, or “segregating” those ballots from the count until a verdict had been reached. 

Last month, the Supreme Court rejected the state GOP’s push to eliminate the extended ballot deadline with Justice Samuel Alito concluding that there was not enough time before the Nov. 3 general election to decide the matter. 

U.S. Supreme Court turns down Pa. Republicans’ request to halt extended ballot deadline

Lt. Gov. John Fetterman addressed the matter on Twitter following the filing, saying that more of the General Assembly’s Republicans voted for mail-in ballots than Democrats. 

Regardless of whether or not the court rules in favor of Pennsylvania’s GOP, it’s unlikely to change the election results, given Biden currently has more than a 45,000-vote lead on President Donald Trump in Pennsylvania with a little more than 52,000 ballots left to be counted. 

Most of the remaining ballots hail from democratic strongholds such as Allegheny and Philadelphia counties.

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