Supreme Court Justice Samuel Alito's order for Pennsylvania election officials to put aside late arriving ballots and count them separately is in line with previous guidance from the secretary of state, Republican elections lawyer Benjamin Ginsberg said moments after the ruling tonight.
"I think what Justice Alito's order does is ... preserve the status quo, the way things are now," said Ginsberg.
The ruling comes in a wake of a filing today from Pennsylvania Republicans who argued in court that that not every county in the state was abiding by the secretary of state's guidance, which may not be legally binding.
Some officials in Pennsylvania, including the secretary of state, have argued there should be a three-day grace period so that ballots that arrive after Election Day through today, should be included in the final count, as long as they were not postmarked after Election Day, a policy which was approved by the Pennsylvania Supreme Court.
Ginsberg said Alito's order represents a mixed result for Republicans.
"...The ballots are still being counted, so the Republican Party lost its attempt to halt the counting... but this is not an amount that it appears it will impact the election," he said. "The ballots will be counted, but not included in the counts so ... the status quo, all options, will still be on the table with this order."
Ginsburg pointed out that Alito's order has no actual bearing on whether those ballots which were received after Election Day may ultimately be a part of the final count, but the order may signal that the Supreme Court would get involved if those ballots became relevant.
It does not say "...whether to count these ballots, or not count the ballots, or to exclude them," he said.
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