Breaking: Justice Alito Issues Order Requiring That All Pennsylvania Counties Segregate (and Potentially Separately Count) Ballots Received After Polling Deadline

You can find the order directed to county election boards here.

The order follows the PA GOP telling Justice Alito that not all counties had indicated that they would follow the guidance as well as tweaks that the PA Secretary of State made to that guidance. Justice Alito also wants a response by 2 pm tomorrow.

What does this mean? It essentially preserves the status quo and leaves open the possibility that these later ballots could be excluded from a count should there be further action. There was no court order requiring this action and now there is one.

Unless the presidential election comes down to Pennsylvania and comes down to what is reportedly a relatively small number of ballots arriving in the three day post-election period, this won’t matter at all. But those ballots could well matter in other races, and likely must still be counted in state and local races, which would not be subject to the court’s order.

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