Ballots Received by November 6th Will Count in Pennsylvania For Now
The Claim
Ballots received after Election Day in Pennsylvania will not count.
News posted on
Emerging story
Justin Clark, the Deputy Campaign Manager for Donald Trump posted on Twitter that “Ballots received after Election Day in PA won’t be counted.”
Some users on social media retweeted this with their support.
Other social media users were confused and reposted the tweet questioning whether or not this was true.
Misbar’s Analysis
Misbar’s investigation has found that this claim is fake. On October 28, 2020, the Supreme Court reviewed a case in which to move the deadline for mail-in ballots in Pennsylvania.
According to the Supreme court decision document, the current criteria for mail-in ballots to count in Pennsylvania require that the ballots “are postmarked on or before election day and are received within three days thereafter. A ballot with no postmark or an illegible postmark must be regarded as timely if it is received by that same date.” This will remain the criteria for a mail-in ballot to be counted in Pennsylvania for now.
This criterion was established a month earlier by the Pennsylvania Supreme Court in order to protect voter rights during the pandemic. The Republican Party of Pennsylvania challenged this ruling and “argued that the state court decision violated the previously cited constitutional provisions, as well as the federal statute setting a uniform date for federal elections.”
Ultimately, this case not completely resolved, with the Supreme Court acknowledging “that there is simply not enough time at this late date to decide the question before the election.” For now, the mail-in ballots arriving after 8 p.m. on Election Day through 5 p.m. three days later will be segregated in order to allow the possibility for a later ruling.
Twitter has since censored the original tweet from Justin Clark saying: “Some or all of the content shared in this Tweet is disputed and might be misleading about an election or other civic process.”