SCOTUS Justice Alito Orders All Pennsylvania County Boards To Segregate Post Election Ballots Late Friday

PENNSYLVANIA—Justice Samuel  A. Alito, Jr.  who handles handles emergency appeals in Pennsylvania issued an Order late Frida that ordered “all county boards of election–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. Dept 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. Dept 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).

Alito’s Order further stated that “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.”

Pennsylvania’s law does not extend ballots to be counted–which was received after 8:00 PM.  

Governor Wolf knew prior to the November 3rd election that ballots had to reach the Secretary of State by 8:00 PM.  Although Wolf  claimed he reached an agreement with Republicans on the package—the Republicans have confirmed that Wolf got it wrong. But GOP statehouse leaders denied they had any accord with the governor, and claimed he resisted changes to the rules governing poll watchers.

“I was trying to get to a point where we have a reasonable counting opportunity for the counties, Republican counties and Democratic counties, to give them a chance to do a very practical thing, which is open those envelopes up and smooth them out if they have to get them ready to be counted at 8 p.m. on Election Day,” Wolf said on Oct. 27.

Some of the counties impacted by Alito’s order includes Beaver, Cumberland, Franklin, Greene, Juniata, Mercer, Monroe, and Montour.

He was nominated by President George W. Bush on October 31, 2005, and has served since January 31, 2006.

The entire matter has been referred to the entire Court.

The Republican Party of Nevada “ lawyers –sent a criminal referral to AG Barr regarding at least 3,062 instances of voter fraud,” the Nevada Republican Party said late Thursday night. The party said the voters “appear to have violated the law by casting ballots after they moved from NV.”

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