WASHINGTON—The Republican Attorneys General Association is urging the U.S. Supreme Court to overturn the Pennsylvania Supreme Court ruling that allowed for mail-in and absentee ballots to be received for up to three days after Election Day—whether or not they had a postmark.
They say the Pennsylvania Supreme Court has overstepped its authority by overriding the state legislature on election rules.
According to the Constitution, states legislatures are responsible for providing the ”times, places, and manner” of conducting elections for senators and representatives. In Pennsylvania’s case, the state legislature decided that all ballots must be received by 8 p.m. on Nov. 3 to be counted.
“The Pennsylvania Supreme Court rewrote that law. The court overstepped their bounds and encroached on the legislature’s authority,” Missouri Attorney General Eric Schmidt said at a press conference on Nov. 9. “We believe that this is a violation of a very important principle of federalism and our separation of powers.”
The Pennsylvania Supreme Court, at the behest of the state’s Democratic Party, ruled on Sept. 17 that mail-in ballots may be received for up to three days after Nov. 3, provided they are postmarked for Nov. 3 or don’t have a postmark. The Pennsylvania Supreme Court has a 5–2 Democratic majority. More…