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The Supreme Court will allow Pennsylvania to count mailed-in ballots received up to three days after the Nov. 3 election, rejecting a Republican plea in the presidential battleground state. The justices divided 4-4 on Monday, an outcome that upholds a state Supreme Court ruling that required county election officials to receive and count mailed-in ballots that arrive up until Nov. 6, even if they don’t have a clear postmark, as long as there is not proof it was mailed after the polls closed.

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. The state Republican Party chairman, Lawrence Tabas, said the party disagrees with the decision and, noting the 4-4 decision, “it only underscores the importance of having a full Supreme Court as soon as possible.”

“To be clear, the Supreme Court decided not to grant a stay - which does not mean the actions of the Pennsylvania Supreme Court would withstand a legal challenge to their judicial overreach should the court hear the case,” Tabas said. Nancy Patton Mills, chairwoman of the Pennsylvania Democratic Party, accused Republicans of trying to sow confusion and disenfranchise eligible voters. “This is a significant victory for Pennsylvania voters,” Mills said in a statement.

The Democratic majority on the state’s high court had cited warnings that postal service delays could invalidate huge numbers of ballots and surging demand for mail-in ballots during the coronavirus pandemic to invoke the power, used previously by the state’s courts, to extend election deadlines during a disaster emergency. 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.



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