U.S. Supreme Court Declines To Rule On Pennsylvania’s Extension Of Mail-In Ballot Deadline Before Election

The legal deadline for receiving a mail-in ballot in Pennsylvania is 8 p.m. on Election Day, but a Pennsylvania Supreme Court ruling earlier this month extended  it to to 5 p.m. Friday, November 6, due to the disruption posed by the coronavirus pandemic.

That ruling was being challenged by the Pennsylvania GOP, who asked the U.S. Supreme Court to declare the deadline extension unconstitutional.

There were no dissents in the ruling, though Justices Alito, Gorsuch and Thomas said in a statement that the ruling “calls out for review,” implying the Court may take up the matter again after the election.

Justice Barrett, who was confirmed this week to the Supreme Court, did not take part in the decision because she didn’t have time to “fully review” both parties’ filings, the court said.

Earlier on Wednesday, Pennsylvania Secretary of the Commonwealth Kathy Boockvar told county boards of election to “securely segregate all mail-in and civilian absentee ballots” received after polls close.

The statement from Justices Alito, Gorsuch and Thomas noted that segregation of the ballots that arrive after the polls close on Election Day would make it easier to cast them out if the Court ultimately takes up the case and overturns the Pennsylvania Supreme Court ruling.