Pennsylvania Republicans on Monday asked the U.S. Supreme Court to halt a state court ruling which extended its mail ballot deadline for November’s presidential election.
NEW at SCOTUS: Pennsylvania GOP files emergency application re PA supreme court permitting absentee ballots to be counted after election day. pic.twitter.com/dqBK0LzurL
— Steven Mazie (@stevenmazie) September 28, 2020
The Hill reports:
In their Monday filing, top officials from Pennsylvania’s GOP-held legislature asked the U.S. Supreme Court to pause the ruling while they formally appeal to the justices.
“In the middle of an ongoing election, the Supreme Court of Pennsylvania has altered the rules of the election and extended the 2020 General Election beyond the ‘Time’ established by the state legislature,” they wrote. “In doing so, the Supreme Court of Pennsylvania has violated federal law and the federal Constitution.”
Earlier in September, Pennsylvania House Majority Leader Kerry Benninghoff (R) told Breitbart News Saturday that state Republicans would sue to block the ruling, saying the extension would create “opportunities for fraud” that could benefit Democrat White House nominee Joe Biden.
“We are going to seek every option possible, that’s legislative or appealing to the higher courts,” Benninghoff said at the time. “Anything that we pass through legislation has to get the endorsement of the governor, and he’s throwing a lot of vetoes, and I suspect he would veto anything that he put out to change this.”
“This is what he wanted, and he’s wanted to count ballots for weeks or two after the election,” he lawmaker added. “We think that is wrong, and we are in the process currently as I speak, preparing as I say, a motion for stay of that directive by a citizen to the Supreme Court. In addition, we will be doin our very best to file in the federal courts; election law is a universal right of Pennsylvanians and Americans, and they should secure it to the best of their ability and not go along with this 5-2 Democrat mandated majority of the courts said in their ruling.”
A federal appeals court on Sunday temporarily halted a six-day extension for counting absentee ballots in Wisconsin‘s presidential election, a momentary victory for Republicans and President Donald Trump in the key presidential battleground state.
As it stands, ballots will now be due by 8 p.m. on Election Day. A lower court judge had sided with Democrats and their allies to extend the deadline until Nov. 9. Democrats sought more time as a way to help deal with an expected historic high number of absentee ballots.
The Associated Press contributed to this report.