Trump defeated as Supreme Court rejects bid to limit mail-in voting in Pennsylvania
The Supreme Court will allow Pennsylvania to count ballots received up to three days after the election, rejecting a Republican plea
Your support helps us to tell the story
From reproductive rights to climate change to Big Tech, The Independent is on the ground when the story is developing. Whether it's investigating the financials of Elon Musk's pro-Trump PAC or producing our latest documentary, 'The A Word', which shines a light on the American women fighting for reproductive rights, we know how important it is to parse out the facts from the messaging.
At such a critical moment in US history, we need reporters on the ground. Your donation allows us to keep sending journalists to speak to both sides of the story.
The Independent is trusted by Americans across the entire political spectrum. And unlike many other quality news outlets, we choose not to lock Americans out of our reporting and analysis with paywalls. We believe quality journalism should be available to everyone, paid for by those who can afford it.
Your support makes all the difference.The Supreme Court will allow Pennsylvania to count ballots received up to three days after the election, rejecting a Republican plea.
The justices divided 4-4 Monday, an outcome that upholds a state Supreme Court ruling that allowed election officials to receive and count ballots until Nov. 6, even if they don't have a clear postmark.
Republicans, including President Donald Trump’s campaign, have opposed such an extension arguing that it violates federal law that sets Election Day as the first Tuesday after the first Monday in November and that such a decision constitutionally belongs to lawmakers, not the courts.
Chief Justice John Roberts joined with the three liberal justices to reject Pennsylvania Republicans’ call for the court to block the state court ruling.
Justices Samuel Alito, Neil Gorsuch, Brett Kavanaugh and Clarence Thomas would have required the state to stop accepting absentee ballots when the polls close on Nov. 3.
There were no opinions accompanying the order, so it is impossible to say what motivated either group of justices.
The conservative justices have been reluctant to allow court-ordered changes to voting rules close to an election.
The court also is weighing a similar issue from Wisconsin. But in that case, the ruling being challenged comes from a federal appeals court and it's the Democrats who are asking the justices to step in.
In Pennsylvania, the state Democratic Party and its allies had sought an extension of the Election Day deadline to count mailed ballots because Democratic-registered voters are requesting mail ballots at a nearly 3-to-1 ratio over Republicans.
In its Sept. 17 ruling, the divided state Supreme Court said ballots must be postmarked by the time polls close and be received by county election boards at 5 p.m. on Nov. 6, three days after the Nov. 3 election. It also said that ballots lacking a clear postmark could be counted unless there was evidence that they were mailed after the polls closed.
Subscribe to Independent Premium to bookmark this article
Want to bookmark your favourite articles and stories to read or reference later? Start your Independent Premium subscription today.