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Justice Alito Orders Pennsylvania Counties To Segregate Late Ballots While Counting

Samuel Alito

Alito ordered all counties to keep and count mail-in ballots that arrived after 8 p.m. Election Day separate from those received before the deadline.


Supreme Court Justice Samuel Alito granted the Republican Party of Pennsylvania’s request temporarily ordering all counties to keep and count mail-in ballots that arrived after 8 p.m. on Election Day separate from those that were received before the deadline.

While all counties in the Coal State were already supposed to be following state instruction to segregate the ballots, Alito sided with the Pennsylvania GOP’s assertions that the counties did not all prove they were following the order.

“The application received today also informs the Court that neither the applicant (PA GOP) nor the Secretary has been able to verify that all boards are complying with the Secretary’s guidance, which, it is alleged, is not legally binding on them,” Alito wrote.

Alito also referred the application to the rest of the Court, stating that any additional response from state officials would be due by Saturday at 2 p.m.

The granted request from Alito comes a few days after the election, which several news outlets, including the Associated Press, on Saturday called for Joe Biden despite litigation pending in several states. With 99 percent of precincts reporting in the 20-electoral-vote state, there was just less than a 35,000-vote difference between President Donald Trump and former Vice President Joe Biden.

Other Republicans are embroiled in litigation around the state, accusing election officials of violating state code by “giving information about rejected mail-in ballots to Democratic operatives so they could contact those voters and offer them a new ballot.”

Additionally, not long after a state appellate court ruled in favor of the Trump campaign on Thursday, ordering that election officials must allow observers monitoring ballot counting to stand within six feet of ballot-counters, the City of Philadelphia appealed the decision to the Pennsylvania Supreme Court, where the case is yet to be accepted.