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Pennsylvania Democratic Party v. Boockvar

Issues: Whether a decision by the Pennsylvania Supreme Court requiring the state to count mail-in ballots received up to three days after Election Day, as long as they are not clearly postmarked after Election Day, violates federal election law and the Constitution.
State: Pennsylvania
Court: U.S. Supreme Court
Status: Emergency request for injunction of mail-in ballot extension denied by U.S. Supreme Court on Oct. 19, 2020; Petition for full review pending

See Republican Party of Pennsylvania v. Boockvar, Scarnati v. Pennsylvania Democratic Party

Date Proceedings and Orders
July 10, 2020 Complaint filed by Pennsylvania Democratic Party, et al., in commonwealth court
August 16, 2020 Application for intervention by Pennsylvania Supreme Court filed by Kathy Boockvar, secretary of the Commonwealth of Pennsylvania
September 17, 2020 Opinion issued by Pennsylvania Supreme Court
September 22, 2020 Application for stay filed by leading Republican state officials
September 24, 2020 Application for stay denied by state supreme court
September 28, 2020 Application for stay filed at U.S. Supreme Court by Joseph Scarnati III, president pro tempore, and Jake Corman, majority leader of the Pennsylvania Senate
September 28, 2020 Application for stay filed by Pennsylvania Republican Party at U.S. Supreme Court
October 19, 2020 Application for stay filed by Joseph Scarnati, et al., denied by equally divided U.S. Supreme Court
October 19, 2020 Application for stay filed by Pennsylvania Republican Party, et al., denied by equally divided U.S. Supreme Court
October 24, 2020 Petition for certiorari filed by Republican Party of Pennsylvania in U.S. Supreme Court
October 27, 2020 Motion for recusal of Justice Barrett filed on behalf of Luzerne County Board of Elections in U.S. Supreme Court
October 27, 2020 Motion for recusal of Justice Barrett withdrawn
October 28, 2020 Letter notifying intent to separate ballots arriving after Election Day filed by J. Bart Delone, chief deputy attorney general of Pennsylvania
October 28, 2020 Denial of motion to expedite consideration of petition for certiorari issued by U.S. Supreme Court
November 4, 2020 Motion to intervene filed by Donald J. Trump for President, Inc., in U.S. Supreme Court
November 4, 2020 Response to motion for leave to intervene requested, due Thursday, Nov. 5, 2020, by 5 p.m.
November 5, 2020 Response to motion to intervene filed by Kathy Boockvar
November 5, 2020 Response to motion to intervene filed by Pennsylvania Democratic Party
November 6, 2020 Reply in support of motion to intervene filed by Donald J. Trump for President, Inc.
November 6, 2020 Emergency application for injunction filed by Republican Party of Pennsylvania in U.S. Supreme Court
November 6, 2020 Order granting partial relief and requesting responses by Saturday, Nov. 7, issued by Justice Samuel Alito
November 6, 2020 Response to application for injunction filed by Pennsylvania Democratic Party
November 7, 2020 Response to application for injunction filed by Kathy Boockvar
November 7, 2020 Response to application for injunction filed by Luzerne County Board of Elections
November 8, 2020 Letter regarding compliance with ballot separation filed by Kathy Boockvar
November 9, 2020 Reply in support of injunction filed by Republican Party of Pennsylvania
November 9, 2020 Amicus brief in support of petition for certiorari filed by state of Ohio
November 9, 2020 Amicus brief in support of petition for certiorari filed by state of Missouri and nine other states
November 9, 2020 Amicus brief in support of petition for certiorari filed by state of Oklahoma and five other states
November 25, 2020 Amicus brief in support of petition for certiorari filed by Citizens United, et al.
November 30, 2020 Brief in opposition to petition for certiorari filed by Kathy Boockvar
November 30, 2020 Brief in opposition to petition for certiorari filed by Luzerne County Board of Elections