Pennsylvania Republicans filed an emergency petition with the Supreme Court Friday, asking the justices to require that absentee ballots arriving after Election Day be kept separate from earlier arriving ballots.
State officials said they would separate them since a case is pending over the extension, but the Republicans argued it is unclear if that is being done.
“Given the results of the November 3, 2020 general election, the vote in Pennsylvania may well determine the next President of the United States — and it is currently unclear whether all 67 county boards of elections are segregating late-arriving ballots,” the filing read. “Thus, without an immediate order from this Court, [the Republican Party of Pennsylvania] could lose its right to ’a targeted remedy.’”
The GOP state legislature had required mail-in ballots to be in by 8 p.m. on Election Day, but the state Supreme Court permitted a three-day extension through Nov. 6 at 5 p.m. Additionally, the case concerns a postmark that may be smeared, with the state court saying it should be presumed to have been sent before Nov. 3.
Mr. Trump moved to intervene in the challenge after the Pennsylvania Republicans argued the state’s Democratic leaders and Secretary of State violated the law by extending the time.
The legal battle is returning to the Supreme Court after the justices refused to get involved in the matter last week, saying there wasn’t enough time to do so with just days before the election.
Newly minted Justice Amy Coney Barrett did not participate in the high court’s denial of the Republican Party’s request last week.
The justices had split 4-4 on the issue earlier this month, leaving the Pennsylvania Supreme Court ruling in place.
Chief Justice John G. Roberts Jr., a Bush appointee, sided with the three Democratic-appointed justices to leave the extension intact.
• Alex Swoyer can be reached at aswoyer@washingtontimes.com.
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