Pennsylvania and PA Democratic Party File Opposition to Cert. Briefs in Supreme Court Over Extension of Ballot Deadline; Both Argue Case is Now Moot

PA Brief.

PA Dems’ Brief.

This is the case involving the PA Supreme Court’s decision to accept ballots arriving up to three days after election day. PA Republicans claim this violates the right of the state legislature to set the rules for federal elections. Twice the Supreme Court refused to intervene early in this case.

The Court could now take this up the cert. petition at any time, but given that it hasn’t acted yet it probably will consider this now in the ordinary course by deciding in an upcoming conference whether to deny cert. or set the case for briefing and argument.

The dispute involves only 10,000 ballots, not nearly enough to affect the outcome of the 2020 election.

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