In a ‘worry about your own state’ moment, Ohio AG Dave Yost sent a “friend of the court” filing asking the Supreme Court to overturn the Pennsylvania Supreme Court’s decision that ordered elections officials to continue accepting absentee ballots that arrived within three days following Election Day.
He argued that “state legislatures, not state courts, set the rules for picking presidential electors.”
“The States need an answer to that question, which is certain to arise again in future elections. And it is important to provide that answer now because, without a ruling from this Court, doubts will continue to linger about whether the vote count in Pennsylvania was performed in conformity with the Constitution.”
Monday’s brief from Yost’s office was in support of Pennsylvania Republican leaders and state lawmakers, who at the behest of President Donald Trump’s campaign have asked the U.S. Supreme Court to throw out the post-Election Day ballots. Under Pennsylvania law, absentee ballots must be received by Election Day in order to count. But the state’s Supreme Court extended that deadline by three days, citing the coronavirus pandemic, as long as they were postmarked by Nov. 3.
Republican AGs from other states have said they will also file their own ‘friend of the court’ brief. Meanwhile, Ohio governor Mike DeWine congratulated Joe Biden.
