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A Small Story About A Short Supreme Court Decision With Big Implications

Chief Justice John Roberts is the deciding vote in upholding leeway for counting votes amid pandemic in Pennsylvania

Eric J Scholl
4 min readOct 20, 2020

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If this election is close, Pennsylvania is extremely likely to play a key role. With a high percentage chance it could even be the deciding state this time around.

That’s why this particular Supreme Court ruling is potentially so critical. With only 8 Justices, following the death of Justice Ruth Bader Ginsburg, and Trump’s nominee, Amy Coney Barrett not yet through the Senate, the decision was split evenly 4–4, which means it stands; the attempt to overturn it being denied.

In short: Pennsylvania absentee ballots received up to 3 days after Election Day will still be counted, even if they are not clearly postmarked, unless there’s clear proof the vote was actually cast after Election Day.

More specifically that means, according to the now- upheld decision by the Pennsylvania Supreme Court (p. 37):

[A] three-day extension of the absentee and mail-in ballot received-by deadline to allow for the tabulation of ballots mailed by voters via the USPS and postmarked by 8:00 p.m. on Election Day to reduce voter disenfranchisement…

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Eric J Scholl

Peabody award winning journalist. Streaming media pioneer. Played @ CBGB back in the day. Editor-In-Chief "The Chaos Report" www.thechaosreport.com