Scarnati v. Pennsylvania Democratic Party

Linked with:

• Republican Party of Pennsylvania v. Boockvar

Issues: (1) Whether the Pennsylvania Supreme Court usurped the Pennsylvania General Assembly’s plenary authority to “direct [the] Manner” for appointing electors for president and vice president under Article II of the Constitution, as well as the assembly’s broad power to prescribe “[t]he Times, Places, and Manner” for congressional elections under Article I, when the court issued a ruling requiring the state to count absentee ballots that arrive up to three days after Election Day as long as they are not clearly postmarked after Election Day; and (2) whether that decision is preempted by federal statutes that establish a uniform nationwide federal Election Day.

SCOTUSblog Coverage

• The dilemma of the Pennsylvania injunction request (Tom Goldstein)
• Pennsylvania Republicans seek Supreme Court order to keep later-arriving ballots separate and uncounted (updated) (Amy Howe)