PLEASE HELP!
I am in an argument on another forum and I need a citation for the PA law about mail in ballots that says the law is invalid and no mail in ballots are allowed if any ballots are accepted after election day.
I would VERY much appreciate help with this.
Nov 06 2020
Order issued by Justice Alito: All county boards of election are hereby ordered, pending further order of the Court, to comply with the following guidance provided by the Secretary of the Commonwealth on October 28 and November 1, namely, (1) that all ballots received by mail after 8:00 p.m. on November 3 be segregated and kept “in a secure, safe and sealed container separate from other voted ballots,” and (2) that all such ballots, if counted, be counted separately. Pa. Dep’t of State, Pennsylvania Guidance for Mail-in and Absentee Ballots Received From the United States Postal Service After 8:00 p.m. on Tuesday, November 3, 2020 (Oct. 28, 2020); Pa. Dep’t of State, Canvassing Segregated Mail-in and Civilian Absentee Ballots Received by Mail After 8:00 p.m. on Tuesday, November 3, 2020 and Before 5:00 p.m. on Friday, November 6, 2020 (Nov. 1, 2020). Until today, this Court was not informed that the guidance issued on October 28, which had an important bearing on the question whether to order special treatment of the ballots in question, had been modified. The application received today also informs the Court that neither the applicant 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. I am immediately referring this application to the Conference and direct that any response be filed as soon as possible but in any event no later than 2 p.m. tomorrow, November 7, 2020.
Further - I don’t think a final ruling has been issued yet. There’s a back-and-forth going on in the USCC, with the last filing made on Friday in the form of an amicus brief in support of the good guys.
Site is here and you see all the filings to date:
https://www.supremecourt.gov/search.aspx?filename=/docket/docketfiles/html/public/20a84.html
I didn’t think there was any argument that that’s what the law says. But the PA Supreme Court ruled that they could abrogate it because of the ongoing emergency powers of the governor. The Republicans sued but the Supreme Court, led by John Roberts, refused to rule on the question until there was an actual tort. Alito said to stop counting but they went on anyway, I think. So this has been an ongoing saga. I don’t have any actual citations to give you, you’ll have to search for those yourself.