Skip Navigation

Republicans lose a round in Pennsylvania mail voting dispute

The GOP is now likely to ask the U.S. Supreme Court to block the ruling.

  • The Associated Press
FILE - In this Tuesday, Aug. 18, 2020, file photo, a person drops applications for mail-in-ballots into a mail box in Omaha, Neb. U.S. Postal Service warnings that it can’t guarantee ballots sent by mail will arrive on time have put a spotlight on the narrow timeframes most states allow to request and return those ballots. (AP Photo/Nati Harnik, File)

FILE - In this Tuesday, Aug. 18, 2020, file photo, a person drops applications for mail-in-ballots into a mail box in Omaha, Neb. U.S. Postal Service warnings that it can’t guarantee ballots sent by mail will arrive on time have put a spotlight on the narrow timeframes most states allow to request and return those ballots. (AP Photo/Nati Harnik, File)

(Harrisburg) – The Pennsylvania Supreme Court dealt a blow Thursday to Republicans in the legal fight over the deadline for mailed ballots in the presidential battleground state.

The court, which has a 5-2 Democratic majority, rejected without comment a request by Republicans to put on hold its decision to extend the deadline for receiving and counting mail-in ballots.

Republicans are now likely to ask the U.S. Supreme Court to block the ruling.

York County offered voters a dropbox for mailed ballots at its government center ahead of the primary June 2. Since then, Pennsylvania Department of State has offered to cover postage costs for the general election. But rules for hand delivering ballots are among issues at the focus of a federal lawsuit over the commonwealth’s election procedures filed by President Donald Trump's re-election campaign. The case is but one source of uncertainty complicating state election code reforms and planning by counties for November.

Kate Landis / PA Post

York County offered voters a dropbox for mailed ballots at its government center ahead of the primary June 2. Since then, Pennsylvania Department of State has offered to cover postage costs for the general election. But rules for hand delivering ballots are among issues at the focus of a federal lawsuit over the commonwealth’s election procedures filed by President Donald Trump’s re-election campaign. The case is but one source of uncertainty complicating state election code reforms and planning by counties for November.

The divided court last week granted the Democratic Party’s request to order an extension of Pennsylvania’s Election Day deadline to count mailed ballots.

The 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 cited warnings of the prospect of Postal Service delays in invalidating huge numbers of ballots and demand for mailed ballots during the coronavirus pandemic to invoke the power, used previously by the state’s courts, to extend election deadlines during a disaster emergency.

Ballots can be counted if they lack a postmark, a legible postmark or some other proof of mailing unless a “preponderance of the evidence” shows it was mailed after Election Day, the court said.

Republicans opposed changing the deadline, as well as counting ballots without legible postmarks to prove they were mailed before polls closed. They say the ruling violates federal law that sets Election Day as the first Tuesday in November and exceeded the court’s constitutional authority.

Support for WITF is provided by:

Become a WITF sponsor today »

Support for WITF is provided by:

Become a WITF sponsor today »

Up Next
Regional & State News

Philly removes children from Devereux facilities after sex abuse revelations