The sun rises behind the U.S. Supreme Court building the day after the election, as results are still being counted and election-related lawsuits are expected to go through the court system in Washington, D.C., on November 4, 2020.
U.S. Supreme Court Justice Samuel Alito on Friday night ordered Pennsylvania's district election commissions to comply with a state directive to separate ballots received after 8 p.m. on election day from other ballots in connection with the ongoing counting of votes in the U.S. presidential election.
The directive was issued in a pending court case that overturned a September decision by the state supreme court that allowed election officials to count ballots marked for Tuesday on Election Day and delivered before Friday. Alito agreed to the Pennsylvania Republicans' request to count the ballots separately without first asking the other judges to do so.
The decision was made when Democrat Joe Biden came close to winning the White House on Friday, expanding his narrow position compared to President Donald Trump in battleground states, including Pennsylvania.
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The Supreme Court twice denied Pennsylvania Republicans in the case, dismissing a motion in October to block the lower court's decision, and later refusing to expedite the appeal. The judges said they could return to the case after November 3.
In its application on Friday, the Pennsylvania Republican Party stated that it was unclear whether the 67 county election commissions were complying with Commonwealth Secretary Kathy Bockwar's October 28 directive on the separation of late-arriving ballots. Late ballots are a small fraction of the state's total votes, Bockwar said.
The lawsuit said 25 counties had not indicated whether they shared the disputed votes, which would be necessary if the Supreme Court eventually agreed to review the case and cancel the extension.
The Truth Campaign has attempted to intervene in the case, but the judges have not yet made a decision on the request.
Also on Friday, a federal judge in Nevada rejected a proposal by a voter, a media representative and two candidates to block the use of a signature verification system in densely populated Clark County and ensure "meaningful" public access to the vote count.
The sun rises behind the U.S. Supreme Court building the day after election day, as results are still being counted and election-related lawsuits are expected to go through the D.C. court system on November 4, 2020.
photo by Jonathan Ernst, Reuters