WASHINGTON (CN) — The U.S. Supreme Court refused Monday to let Pennsylvania Republicans enforce their original deadline for mail-in ballots.
Republicans had gone to Washington for a stay after the Pennsylvania Supreme Court, which Democrats hold with a 5-2 majority, extended the acceptance deadline for mail-in ballots to the Friday after Election Day, in light of the Covid-19 pandemic. On Sept 25, the state court declined to revisit its decision.
Selingo Guagliardo attorney Joseph Cosgrove said Monday night that the denial of the stay was important to assure that timely cast mail-in ballots will be counted. Cosgrove represented the Luzurne County Election Board in the case.
“Our argument stressed that the three-day extension for receipt of mail in ballots is not a foreign concept. Election boards have been required under federal law to accept ballots from uniformed and overseas voters which are received after Election Day, and have done so for decades,” he said in an email.
Representing Department of State Secretary Kathy Boockvar, Pennsylvania Attorney General Josh Shapiro also celebrated the denial Monday night.
“Huge win for Pennsylvania. Trump’s losing streak continues, this time in SCOTUS,” he tweeted. “Now let’s have an election.”
Ballots postmarked beyond Election Day will still be counted if received by 5 p.m. the following Friday or had illegible postage — as long as there is no evidence they were sent after Nov. 3, the Pennsylvania high court ruled.
Republicans have argued extending the deadline violates federal laws, which set aside Nov. 3 alone as Election Day — although the Constitution is silent on the subject.
Represented by John Gore of Jones Day, the Republican Party initially sought a reconsideration from the state’s high court. They argued the ballot extension exceeded the court’s constitutional authority and breached federal law, which sets Election Day as the first Tuesday in November.
Gore did not respond to a request for comment Monday evening.
The stay request, which was presented to Justice Samuel Alito, was denied without comment by the U.S. Supreme Court per its custom. However, the court revealed Justices Alito, Clarence Thomas, Neil Gorsuch and Brett Kavanaugh favored jumping into the case.
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