Pennsylvania polls: Supreme Court allows mail-in ballots to be counted three days after election in swing state

Move could help Democrats in the battleground state

The Supreme Court will allow mail-in ballots to be counted up to three days after the election in Pennsylvania, in a move that could boost Democratic chances in the battleground state.

Justices voted on Monday by 4-4, with chief justice John Roberts joining the court’s three liberal justices in the ruling, despite Republican opposition.

The deadlock meant a September ruling in Pennsylvania’s state supreme court still stands, allowing mail-in ballots to be counted as long as they arrive within three days of 3 November.

Democrats had sought an extension of the election day deadline in state court amid concerns at service delays during the pandemic, whilst Republicans requested this week’s emergency ruling.

Pennsylvania's attorney general, Democrat Josh Shapiro, said in a statement that "with nearly a million votes already cast in Pennsylvania, we support the court's decision not to meddle in our already-working system,"

The state supreme court, in its September decision, ruled that ballots should count as long as they are postmarked by election day.

Ballots that do not have a clear postmark can also be counted unless there was evidence that they were mailed after the polls closed, the court ruled.

Both Republicans and president Donald Trump have complained about such extensions to mail-in ballot collection, without basis.

With about 2.8 million mail-in ballots requested and approximately 900,000 returned, Democratic-registered voters have requested mail ballots at a nearly 3-to-1 ratio over Republicans in the state.

Although most states make election day the deadline for mail-ballot returns, 18 states — half of which backed Mr Trump in 2016  — have a post-election day deadline this year, with forecasts that half of all votes could be cast by mail.