Pennsylvania Republicans just made their move and asked the Supreme Court to order county election boards in that state to segregate late-arriving ballots.
In an earlier case, the court ruled against Trump and the GOP and allowed the ballots to come in until Nov 6th if they had a postmark from Election Day or before.
A few conservatives justices seemed to agree with the GOP’s position and indicated they would reconsider the decision if the election was close and those ballots could decide the outcome.
County election boards were directed to segregate the ballots just in case. Now the GOP says that didn’t go far enough.
The GOP is now asking for a court order to not only segregate but to not count these ballots until the Court decides whether to take the case challenging their validity.
The GOP acknowledges that state officials had already directed the county boards to segregate the ballots but say “it is unclear” whether country election boards are doing so.
There are not many of these ballots but there are over 100,000 provisional ballots that need to be counted and they could be Trump voters or Biden voters – no one knows who voted via provisional or how many will be valid after they are verified.
New: PA Republicans filed an emergency application asking SCOTUS to order PA to segregate post-Election Day absentee ballots. The SoS already directed counties to do this, but Rs say they still want SCOTUS to order it (HT @joshgerstein for the doc) https://t.co/ymEjL29Hgi pic.twitter.com/gaSSeg7Wu5— Zoe Tillman (@ZoeTillman) November 6, 2020
PA Rs don't present evidence that any county is failing to segregate the post-Nov. 3 absentee ballots at issue, but they argue "in the fast-paced and chaotic pace of postelection events in Pennsylvania" they haven't gotten affirmative confirmation that all counties are doing it pic.twitter.com/5pxFco53bJ— Zoe Tillman (@ZoeTillman) November 6, 2020