WASHINGTON – The U.S. Supreme Court has upheld a ruling which will permit Pennsylvania to count mail-in ballots submitted up to three days after Election Day on Nov. 3, in a deadlocked decision of 4-4.
The nation’s high court affirmed a 4-3 ruling from the Supreme Court of Pennsylvania last month on the question of the mail-in ballot deadline, which decreed that county election officials statewide were to count as valid any mail-in ballot received up to Nov. 6 – regardless of whether or not it has a postmark, so long as it was mailed before the polls closed.
President Donald Trump’s re-election campaign and Pennsylvania Republicans argued the deadline extension is in violation of federal law and grants the judicial branch a power typically reserved for legislators only.
Republicans, including President Donald Trump’s re-election campaign, have opposed such an extension, arguing that it violates federal law that sets Election Day as the first Tuesday after the first Monday in November and that such a decision constitutionally belongs to lawmakers, not the courts.
“This is a significant victory for Pennsylvania voters. Harrisburg Republicans have had every opportunity to get serious and work to empower Pennsylvania voters, but at every turn, they have chosen the route of attempting to sew confusion, disenfranchise eligible voters, and silence the voices of Pennsylvanians,” Pennsylvania Democratic Party Chairwoman Nancy Patton Mills said.
“The Supreme Court was right to throw out their latest bad-faith effort to muddy this election – and now Pennsylvania voters are ready to throw out Harrisburg Republicans on Election Day. We need a Democratic legislature that will fight for everyday Pennsylvanians and their right to vote.”
Meanwhile, Pennsylvania Republicans implied further legal action may be forthcoming.
“We disagree with the Supreme Court’s disappointing decision this evening, and noting this was a 4-4 decision, it only underscores the importance of having a full Supreme Court as soon as possible,” Pennsylvania Republican Party Chairman Lawrence Tabas said.
“To be clear, the Supreme Court decided not to grant a stay – which does not mean the actions of the Pennsylvania Supreme Court would withstand a legal challenge to their Judicial overreach should the Court hear the case.”
U.S. Supreme Court Chief Justice John Roberts was accompanied by justices Sonia Sotomayor, Elena Kagan and Stephen Breyer in voting to dismiss the case brought by members of the Pennsylvania Republican Party, while justices Samuel Alito, Neil Gorsuch, Brett Kavanaugh and Clarence Thomas disagreed.
No justice issued an opinion regarding the order.
Pennsylvania Attorney General Josh Shapiro applauded the ruling.
“Pennsylvania voters deserve clarity and confidence in our election process, and tonight’s ruling from the United States Supreme Court makes clear our law will stand despite repeated attacks. Pennsylvanians can continue to use drop boxes and ballots postmarked by Election Day will have extra time to arrive at election offices,” Shapiro said.
“With nearly a million votes already cast in Pennsylvania, we support the Court’s decision not to meddle in our already-working system. I said my office would protect your vote. We did, and will continue until every eligible voice is heard in this election.”
For months, fierce partisan debate in both legislatures and courts have characterized the introduction and use of mail-in voting in Pennsylvania, as the Keystone State and obtaining its 20 electoral votes looks to be a major point of strategy for both President Trump and his opponent, former Vice-President Joe Biden.
Just shy of 3 million mail-in ballots have been requested throughout Pennsylvania and about one-third of them have been returned. Democratic voters have requested mail-in ballots at a nearly three-to-one ratio over Republicans.
U.S. Supreme Court cases 20A53 & 20A54
Supreme Court of Pennsylvania case 133 MM 2020
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com