Donald Trump, Joe Biden chase late voters in Florida; US votes 2020
Here’s what we know, what we don’t know, and what we will be looking for in the coming days and weeks:
Where do things stand in those states?
As of now, ballots must arrive by Election Day in Wisconsin, by Nov. 6 in Pennsylvania, and by Nov. 12 in North Carolina. In all cases they need to be mailed by Election Day.
But things could change, particularly in Pennsylvania, where there’s no guarantee that ballots will be counted if they arrive after Election Day. State officials have told counties to separate out late-arriving ballots. And in a Supreme Court opinion on Wednesday night, three conservative justices raised the possibility those ballots could be invalidated after the fact.
Are there more cases pending?
Yes. Although on Wednesday the court rejected two Republican requests to block the North Carolina extension, a third is still pending. That bid, filed by two Republican state lawmakers, is framed in a slightly different way, so it’s theoretically possible the outcome could be different.
Perhaps more significantly, the court still has a pending appeal by Pennsylvania Republicans challenging the acceptance of late-filed ballots there. The court on Wednesday said it wouldn’t expedite that appeal for resolution before the election.
But in an opinion for three conservatives, Justice Samuel Alito raised the prospect of accepting the GOP appeal and hearing the case later, perhaps shortly after the election. The bid for review “remains before us, and if it is granted, the case can then be decided under a shortened schedule,” he wrote.
In the lower courts, Republicans are challenging an extension in Minnesota and pressing a challenge on different legal grounds to the extra time in Pennsylvania. Fights on other issues are percolating in Arizona, Texas, Michigan and Nevada.