Latest Court Proceedings Contend Mail-In Voting Rules in Two Swing States

Senate Votes On Confirmation Of Supreme Court Nominee Amy Coney Barrett

On Monday (October 26) the Supreme Court ruled that Wisconsin's mail-in ballots could only be counted if received by Election Day.  

The Wisconsin Elections Commission reports more than 863,000 absentee ballots have been returned so far. Early voting began in Wisconsin last week and this new decision could impact the final count in the swing state. Wisconsin was a key state to the Republicans in the 2016 Election and both campaigns have made multiple stops to the state this year.  

In Pennsylvania last week, the state Supreme Court ruled that mail-in ballots received up to three days after Election Day must be counted in the official tally. 

Since the Pennsylvania ruling was made by a state court and not a federal one, the Supreme Court did not want to make a decision that would interfere with states’ courts enforcing their constitutions and election rules. 

The Wisconsin ruling was made by the Supreme because the original case was tried in a Wisconsin federal district court that sided with Democrats to count mail-in ballots received up to six days after Election Day. An appeals court blocked this order which the Supreme Court then sustained. 

The GOP’s second attempt to get a fast-tracked review of the ruling in Pennsylvania changed would most likely affect Democratic voters who are more likely to vote by mail. 

If the Supreme Court, including newly confirmed Amy Coney Barrett, does not approve the GOP’s request, mail-in votes in Pennsylvania postmarked by November 3 and received by November 6 will be counted in the election. 

Photo: Getty Images

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