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State Democrats sought a three-day extension for mail-in ballots, making valid all ballots postmarked by November 3 and received by November 6 at 5:00 p.m.
The case was submitted to the Pennsylvania Supreme Court on September 8.
According to Ballotpedia.org, “five judges on the court were elected in partisan elections as Democrats, one judge was elected as a Republican, and one judge was appointed by a Democratic governor.”
On September 18 a decision was handed down by the state high court. The 4-3 decision overruled the requirement for mail-in ballots to be received by Election Day – allowing them to be received up to three full days later.
The decision trampled the bipartisan legislation the Pennsylvania General Assembly enacted just one year earlier according to their constitutional prerogative to enact statutes.
In addition to allowing for the mail ballot extension, the Keystone State’s high court nearly bastardized the need for a postmark, ruling that ballots “received within this period that lack a postmark or other proof of mailing, or for which the postmark or other proof of mailing is illegible, will be presumed to have been mailed by Election Day unless a preponderance of the evidence demonstrates that it was mailed after Election Day.”
Pennsylvania Republicans countered by filing a
writ of certiorari (request for the court to review) with the Supreme Court of the United States (SCOTUS), seeking to restrain the Pennsylvania Supreme Court decision.
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