GOP Rejected Twice by Supreme Court in Ballot-Deadline Clashes
Supreme Court Rejects GOP on Fast-Tracking Pennsylvania Ballot Case
(Bloomberg) -- The U.S. Supreme Court dealt Republicans two blows on the deadlines for mail ballots to arrive in states that could decide the presidential election, leaving intact a six-day extension in North Carolina while refusing to schedule fast-track review of a GOP appeal involving Pennsylvania.
The court gave no explanation in allowing the extra time in North Carolina over three dissents. Justices Samuel Alito, Clarence Thomas and Neil Gorsuch said they would have blocked the extension, imposed by a Democratic-controlled elections board.
Justice Amy Coney Barrett, who was sworn in at the court on Tuesday, didn’t take part in either case. A Supreme Court spokeswoman said the reason was the need for prompt action and a lack of time to review the filings.
Pennsylvania and North Carolina are among several pivotal states with legal clashes over ballot deadlines, an issue that could become crucial if the presidential race between Donald Trump and Joe Biden comes down to a handful of votes.
The North Carolina extension lets ballots be received as late as Nov. 12 as long as they are mailed by Election Day, Nov. 3.
The elections board put the changes in place in an Oct. 2 settlement with people and advocacy groups that had sued for easier voting procedures in light of the Covid-19 pandemic and mail delays. The new rules also make it easier for voters to ensure their ballots count even if they were submitted without the required witness signature.
The Pennsylvania case involves an extension, ordered by that state’s top court, that would let ballots be counted if they arrive as late as Nov. 6. The Supreme Court left the extension in place last week with a 4-4 split, and Republicans are seeking a quick reversal now that Barrett is on the court.
‘Under a Cloud’
The court gave no explanation in refusing to fast-track the Pennsylvania case. In a statement that accompanied the order, Alito lamented that voting would be “conducted under a cloud.” But he agreed that the issue couldn’t be resolved before the Nov. 3 election, and said the high court could still take up the matter later.
Thomas and Gorsuch joined Alito’s statement. No other justice commented, though the court’s order said that “additional opinions may follow.”
The high court on Monday rejected Democratic calls to reinstate a six-day extension in Wisconsin, with Justice Brett Kavanaugh warning that “charges of a rigged election could explode” if late-arriving ballots change the perceived outcome. Kavanaugh made no comment about either the North Carolina or Pennsylvania case.
In the Pennsylvania case, Republicans are seeking to reverse a state Supreme Court decision that ordered the extension to accommodate voters affected by the Covid-19 pandemic and mail delays. The Pennsylvania court based its ruling on a state constitutional provision.
Alito said for the three conservative justices that “there is a strong likelihood” that the Pennsylvania court ruling violates a U.S. constitutional provision giving state legislatures authority to set the rules for federal elections.
The rebuff means that, as of now, mail ballots can be received as late as Nov. 6 in Pennsylvania. Earlier Wednesday, Pennsylvania officials said that late-arriving ballots would be kept separate, taking a step that reduced the need for immediate Supreme Court intervention.
Alito said that segregating ballots would allow for a “targeted remedy” should the Supreme Court overturn the Pennsylvania ruling.
In-Person Delivery
Pennsylvania Governor Tom Wolf and Secretary of the Commonwealth Kathy Boockvar, both Democrats, are telling voters to drop off their ballots in person to avoid any risk of a delay in U.S. Postal Service delivery or the court striking down the three-day extension.
“Walk it to the place where you can turn it in,” Wolf said at press conference in Harrisburg on Tuesday. “That gives you the peace of mind that your ballot is in on time and that your vote will be counted.”
As of Wednesday, 64% of the almost 3.1 million mail-in and absentee ballots requested in Pennsylvania had been returned, leaving 1.1 million outstanding, according to state data.
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