Kansas Attorney General Derek Schmidt joined with five other state’s Attorneys General in asking the U.S. Supreme Court to review a decision by the Pennsylvania state Supreme Court that Schmidt believes is unconstitutional.
A few days before the election, the Pennsylvania Supreme Court ruled that ballots received up to three days following the election should be counted.
At issue is the U.S. Constitution’s provision that the “Legislature” of each state determine the times of elections, including deadlines for returning ballots, and state courts may not substitute their judgment for that of the state Legislature.
The Pennsylvania law had been that all ballots had to be in by the end of Election Day.
The suit contends that the state Court violated the federal Constitution when it extended the deadline despite a state statute.
Schmidt noted that Kansas allows three days after elections to return ballots, but that law was passed by the legislature.