# How big of a deal is today’s Supreme Court decision to allow PA vote count?

**URL:** <https://boards.straightdope.com/t/how-big-of-a-deal-is-today-s-supreme-court-decision-to-allow-pa-vote-count/923373>\
**Category:** Politics & Elections\
**Created:** [October 20, 2020, 1:22am UTC](https://boards.straightdope.com/t/how-big-of-a-deal-is-today-s-supreme-court-decision-to-allow-pa-vote-count/923373 "2020-10-20T01:22:12Z")\
**Posts on this page:** 14\
**Page:** 6

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**Author:** ![nelliebly](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/nelliebly/32/5422_2.png) [@nelliebly](https://boards.straightdope.com/u/nelliebly)\
**Post date:** [October 31, 2020, 9:38pm UTC](https://boards.straightdope.com/t/how-big-of-a-deal-is-today-s-supreme-court-decision-to-allow-pa-vote-count/923373/102 "2020-10-31T21:38:47Z")

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The nearest mailbox happens to be immediately adjacent to the drop box. (I checked out mailbox locations online long ago because I walk everywhere, and the nearest P.O. branch is 1.5 miles away.) The drop boxes are about a mile from my place (different directions, of course). One is in a popular supermarket’s parking lot. The other is in a church parking lot. Both are on main thoroughfares. And they’re drive-up or walk-up, so you don’t have to get out of your car.

Couldn’t be easier for Mr. Shmoe or me. 🙂

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**Author:** ![kaylasdad99](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/kaylasdad99/32/3398_2.png) [@kaylasdad99](https://boards.straightdope.com/u/kaylasdad99)\
**Post date:** [October 31, 2020, 9:52pm UTC](https://boards.straightdope.com/t/how-big-of-a-deal-is-today-s-supreme-court-decision-to-allow-pa-vote-count/923373/103 "2020-10-31T21:52:02Z")

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> [@puddleglum](#):
>
> So when the constitution said state legislature it actually meant the state legislature unless the state supreme court disagrees? I was hoping it was more rational.

How about the idea that the Constitution, in setting this requirement, presumes that the legislatures will adhere to the limitations established in their own state constitutions?

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**Author:** ![k9bfriender](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/k9bfriender/32/3283_2.png) [@k9bfriender](https://boards.straightdope.com/u/k9bfriender)\
**Post date:** [October 31, 2020, 10:00pm UTC](https://boards.straightdope.com/t/how-big-of-a-deal-is-today-s-supreme-court-decision-to-allow-pa-vote-count/923373/104 "2020-10-31T22:00:20Z")

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Is that typical?

My nearest mailbox is on the side of my house. Most don’t have to go much farther than the end of their driveway.

I went to a decent amount of effort in my voting, where I had to drive 12.2 miles to get to the place where I could either early vote or drop off my ballot.

It would have been easier to just open up my door and put it in my mailbox. If I had wanted to use an “official” mailbox(one of the blue boxes), there is one less than a hundred feet from my door.

I don’t know, for some, going to a drop box may be as easy or easier than a mailbox, such as your situation. For others, probably the majority of others, mailing is far more convenient.

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**Author:** ![Chronos](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/chronos/32/134_2.png) [@Chronos](https://boards.straightdope.com/u/Chronos)\
**Post date:** [October 31, 2020, 10:27pm UTC](https://boards.straightdope.com/t/how-big-of-a-deal-is-today-s-supreme-court-decision-to-allow-pa-vote-count/923373/105 "2020-10-31T22:27:07Z")

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I dropped off my ballot at a drop box (at the county board of elections). Technically, my county has two drop box locations, but the second one is right across the street from the BoE. And yes, it was inconvenient for me to go downtown to drop if off, but I’ve heard all of the Trump administration’s talk of messing with the Post Office, and didn’t want to take any chances.

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**Author:** ![nelliebly](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/nelliebly/32/5422_2.png) [@nelliebly](https://boards.straightdope.com/u/nelliebly)\
**Post date:** [October 31, 2020, 11:39pm UTC](https://boards.straightdope.com/t/how-big-of-a-deal-is-today-s-supreme-court-decision-to-allow-pa-vote-count/923373/106 "2020-10-31T23:39:52Z")

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It’s great that you can mail safely and securely from your own home, and I imagine other many others do so as well. Is that the majority though? It isn’t here. As I said, more than half of Washington voters use the drop boxes, according to our Secretary of State.

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**Author:** ![doreen](https://avatars.discourse-cdn.com/v4/letter/d/858c86/32.png) [@doreen](https://boards.straightdope.com/u/doreen)\
**Post date:** [October 31, 2020, 11:56pm UTC](https://boards.straightdope.com/t/how-big-of-a-deal-is-today-s-supreme-court-decision-to-allow-pa-vote-count/923373/107 "2020-10-31T23:56:15Z")

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I’m actually kind of wondering why you can’t mail safely from your own home. I live in a city and I pass multiple mailboxes during my normal day, so I generally use those ( and even if I’m not going out, the closest one is on the next block) but if my mail carrier is delivering to my house, he or she will pick-up outgoing mail - I think they are required to as long as the box doesn’t have a lock. I don’t typically leave it there because it won’t get picked up if I’m not getting a delivery ( since I don’t have a box with a flag for outgoing mail)

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**Author:** ![Max\_S](https://avatars.discourse-cdn.com/v4/letter/m/46a35a/32.png) [@Max\_S](https://boards.straightdope.com/u/Max_S)\
**Post date:** [November 2, 2020, 1:20am UTC](https://boards.straightdope.com/t/how-big-of-a-deal-is-today-s-supreme-court-decision-to-allow-pa-vote-count/923373/108 "2020-11-02T01:20:44Z")

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> [@I\_Love\_Me\_Vol.I](#):
>
> It seems to imply that any state legislature could decree (for example) their state’s electors shall be chosen by a vote of only land-owning white males in the state. […]
> 
> Is SCOTUS saying that that particular state’s courts would have no standing in whatever lawsuits ensued?

My take is that the Supreme Court reserves the right to _review_ cases arising under _state_ election laws that effect _federal_ elections. Normally the federal government defers to state courts on decisions arising under state law, this is an exception to the rule.

~Max

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**Author:** ![k9bfriender](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/k9bfriender/32/3283_2.png) [@k9bfriender](https://boards.straightdope.com/u/k9bfriender)\
**Post date:** [November 2, 2020, 2:06pm UTC](https://boards.straightdope.com/t/how-big-of-a-deal-is-today-s-supreme-court-decision-to-allow-pa-vote-count/923373/109 "2020-11-02T14:06:34Z")

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Your question was:

> [@nelliebly](#):
>
> So my question is, Why would anyone in WA State use the mail instead of the more secure drop boxes? 🙂

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**Author:** ![Saint\_Cad](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/saint_cad/32/18907_2.png) [@Saint\_Cad](https://boards.straightdope.com/u/Saint_Cad)\
**Post date:** [November 3, 2020, 1:25am UTC](https://boards.straightdope.com/t/how-big-of-a-deal-is-today-s-supreme-court-decision-to-allow-pa-vote-count/923373/110 "2020-11-03T01:25:04Z")

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> [@Jackknifed\_Juggernaut](#):
>
> Pennsylvania ballots that come in up to 3 days after election day are to be counted, per the SC. Considering that it was a 4-4 decision, it unfortunately showed the hand of the 4 (soon to be 5) conservative justices.

How would any Dem on this board NOT react with, “Great ruling!!! Every vote counts!!!11111111”  
Is there something in the ruling I’m missing?

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**Author:** ![Euphonious\_Polemic](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/euphonious_polemic/32/3002_2.png) [@Euphonious\_Polemic](https://boards.straightdope.com/u/Euphonious_Polemic)\
**Post date:** [November 3, 2020, 4:42am UTC](https://boards.straightdope.com/t/how-big-of-a-deal-is-today-s-supreme-court-decision-to-allow-pa-vote-count/923373/111 "2020-11-03T04:42:03Z")

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> [@Saint\_Cad](#):
>
> Is there something in the ruling I’m missing?

You’re missing the fact that the recently appointed 9th Justice will likely side with the other 4 conservatives and future rulings on things like this will probably go the way of “Some votes don’t count - and we know which ones those are, wink wink”

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**Author:** ![Northern\_Piper](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/northern_piper/32/5304_2.png) [@Northern\_Piper](https://boards.straightdope.com/u/Northern_Piper)\
**Post date:** [November 3, 2020, 5:39am UTC](https://boards.straightdope.com/t/how-big-of-a-deal-is-today-s-supreme-court-decision-to-allow-pa-vote-count/923373/112 "2020-11-03T05:39:45Z")

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> [@Saint\_Cad](#):
>
> How would any Dem on this board NOT react with, “Great ruling!!! Every vote counts!!!11111111”  
> Is there something in the ruling I’m missing?

Because four justices voted that the federal courts can review decisions of the state supreme court on voting rights under state laws. Normally the state courts have the final say on state law, but this decision suggests that at least four justices think that the federal courts have jurisdiction to review the state court decisions. Since state constitutions typically have more express provisions guaranteeing the right to vote, compared to the federal constitution, that opens up arguments that the federal courts can restrict the right to vote even if the state courts have upheld it under the state constitution.

Since the Democrats in this election are pushing for as many as possible to vote, that ruling could have worrisome implications, as GOP operatives apply in federal courts to restrict voting decisions by state officials, as in the upcoming challenge in Texas.

And now, that 4-4 split could become 5-4 in favour of federal court jurisdiction…

> **[Opinion: The scary part of the Supreme Court ruling on Pennsylvania’s mail-in...](https://www.cnn.com/2020/10/20/opinions/supreme-court-pennsylvania-mail-in-ballots-douglas/index.html)**
>
> The Supreme Court rejection of a Republican ploy to have the Court intervene in a case from the Pennsylvania Supreme Court is far from a major Democratic win – and could spell bad news for the future of voting rights protections across the country,...

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**Author:** ![Max\_S](https://avatars.discourse-cdn.com/v4/letter/m/46a35a/32.png) [@Max\_S](https://boards.straightdope.com/u/Max_S)\
**Post date:** [November 4, 2020, 4:10am UTC](https://boards.straightdope.com/t/how-big-of-a-deal-is-today-s-supreme-court-decision-to-allow-pa-vote-count/923373/113 "2020-11-04T04:10:42Z")

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> [@Northern\_Piper](#):
>
> that opens up arguments that the federal courts can restrict the right to vote even if the state courts have upheld it under the state constitution.

It opens up the argument that the federal courts can restrict the right to vote _under the state constitution_ even if the state courts have upheld it under the state constitution. The more conservative legal theory I see - based on Gorsuch and Alito’s recent dissent - is based on Art II sec 1 cl 2 (the elections clause), not so much a plain theory eminating from the supremacy clause. _[Moore v. Circasta](https://www.supremecourt.gov/opinions/20pdf/20a72_5hek.pdf)_, 592 U.S. \_\_\_, 2-3 (2020) (Gorsuch, dissenting).

> "_Everyone agrees, too, that the North Carolina Constitution expressly vests all legislative power in the General Assembly, not the Board or anyone else._ […]
> 
> _Besides, even assuming the North Carolina General Assembly could delegate its Elections Clause authority to other officials, its representatives contend before us that it has not authorized the deadline extension here, and understandably so_. […]"

~Max

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**Author:** ![MikeF](https://avatars.discourse-cdn.com/v4/letter/m/45deac/32.png) [@MikeF](https://boards.straightdope.com/u/MikeF)\
**Post date:** [November 5, 2020, 12:36am UTC](https://boards.straightdope.com/t/how-big-of-a-deal-is-today-s-supreme-court-decision-to-allow-pa-vote-count/923373/114 "2020-11-05T00:36:11Z")

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Having just read the USSC ruling on denying an accelerated hearing regarding the votes received after election day, it seems pretty clear to me that they will rule that the Pa. Supreme Court overstepped its bounds. That said, how is this fair to the voters who acted in good faith in following the rules as they stood? Will the USSC be okay with disenfranchising these voters? Could they say, “We aren’t going to strip these people of their votes but in the future…blah, blah, blah” ?

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**Author:** ![asahi](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/asahi/32/8693_2.png) [@asahi](https://boards.straightdope.com/u/asahi)\
**Post date:** [November 5, 2020, 4:47am UTC](https://boards.straightdope.com/t/how-big-of-a-deal-is-today-s-supreme-court-decision-to-allow-pa-vote-count/923373/115 "2020-11-05T04:47:39Z")

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I’m troubled by scotus meddling in state level elections; otoh, Christ, it’s not like people haven’t had a chance to vote and didn’t have fair warning to not wait until the last minute to vote.

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