PITTSBURGH (KDKA) — A lawsuit coming from Pennsylvania’s Republican party is asking the Supreme Court to block a ballot extension that was recently allowed.
With Pennsylvania very much being as battleground state in the upcoming election a record number of people are voting by mail due to the Coronavirus pandemic.
What is decided in this court case could impact some of those mail-in votes.
The Republican party wants the U.S. Supreme Court to quickly take up its case to block counties in Pennsylvania from counting mail-in ballots received up to three days after the upcoming Election Day on November 3.
On Friday, the Republican Party filed the case after the justices were divided 4-4 on putting a hold on the extension.
This left in place a Pa. Supreme Court ruling that required county election officials to receive and count mail-in ballots that arrive up until November 6, as long as there’s no proof it was mailed after the polls closed.
Republicans 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.
They also say such a decision constitutionally belongs to lawmakers, not the courts.
With Democrats voting by mail at an almost 3-to-1 rate over Republicans, the possibility of ballots getting disqualified because they arrive late could pose a greater threat to Democratic nominee Joe Biden’s candidacy.
Most states make Election Day the deadline for regular mail-in or absentee ballots.
However, there are more than 20 states that have a post-Election Day deadline.
The case could arrive before the Supreme Court with a new, ninth justice.
President Donald Trump’s nominee, Amy Coney Barrett, is expected to be confirmed by the Senate on Monday.
Barrett could take part in the court’s consideration of the Pennsylvania case, providing a tie-breaking vote before the election.