CHARLESTON — West Virginia Attorney General Patrick Morrisey has joined a multistate brief urging the U.S. Supreme Court to overrule a state court decision that, if left intact, effectively rewrites Pennsylvania’s absentee ballot receipt deadline law.
In the November 9 brief, the coalition argues that under the Constitution, state legislatures must choose the point to stop receiving absentee ballots and start counting votes, not state courts such as the Pennsylvania Supreme Court.
Pennsylvania voters had 50 days to return their absentee ballots to ensure they were received by Election Day, but the coalition argues the Pennsylvania Supreme Court improperly repealed that deadline and replaced it with a new postmark deadline and an arbitrary three-day-after-Election-Day cutoff.
“This is a clear example of courts legislating from the bench, and the impact shakes the very core of our democracy,” Morrisey said. “Pennsylvania’s legislature wrote clear instructions concerning the deadlines for absentee ballots. Now its Supreme Court has decided it knows better than elected lawmakers. We absolutely urge the U.S. Supreme Court to review this case without delay.”
The Pennsylvania Supreme Court decision has consequences that could have a ripple effect in future elections nationwide. The coalition’s brief argues the Pennsylvania ruling creates chaos that makes it impossible for state legislatures to know in advance whether the election rules they have enacted will or will not be creatively reimagined by courts.
The coalition argues the U.S. Supreme Court should review the matter, even after the election, to secure the constitutional framework for future elections.
The brief contends the high court need not wait for the next election cycle to precipitate yet another deluge of litigation. Doing so could allow state courts to once again amend state law right before the election — and for the beneficiaries of these unconstitutional actions to argue that there is once again not enough time for the U.S. Supreme Court’s careful review on the merits.
West Virginia joined the Oklahoma-led brief with attorneys general from Indiana, Kansas, Nebraska and Tennessee. The brief complements a similar filing from Missouri and nine other states.