A Pennsylvania judge sided with the Trump campaign Thursday, ruling that ballots that did not have proof of identity before November 9 would not be counted.
Under Pennsylvania state law, if a ballot is lacking proof of identification, voters have until six days after the election – November 9 – to fix it so that their ballot can be counted. Once the Pennsylvania Supreme Court ruled that ballots could be accepted up to three days after election day, Pennsylvania Secretary of State Kathy Boockvar issued guidance saying that a ballot lacking proof of identification could be fixed up to six days after the deadline to accept ballots, Fox News reported.
Boockvar issued the guidance November first, two days before Election Day. (RELATED: Trump Campaign Launches Another Lawsuit In Pennsylvania Over Ballot ‘Curing’ — Here’s What You Need To Know)
The Trump campaign argued that the order to extend the ballot identification deadline had no basis in law and that Boockvar didn’t have the power to issue her guidance, Fox News reported.
Judge Mary Hannah Leavitt sided with the Trump campaign, writing in a court order that Boockvar “lacked statutory authority to issue the November 1, 2020 guidance.”
Judge orders segregated ballots should *not* be counted. It rules the PA Secretary of State “lacked statutory authority” to override election law. Critically, the state has a Republican state legislature.#SCOTUS may ultimately decide the case now. pic.twitter.com/2VO6mkl66M
— Kyle Becker (@kylenabecker) November 12, 2020
Ballots for which proof of identity had been provided between November 10 and 12 had been separated while the court decided what to do with them. Leavitt’s ruling means that the segregated ballots will not be counted, according to Fox News.
The Trump campaign has brought several legal challenges related to the election in Pennsylvania, including a claim that thousands of ballots had been improperly counted, according to the report. The campaign argues that the ballots should not have been counted because they were missing information. A hearing is scheduled for Friday.
The Trump campaign also challenged Pennsylvania’s three-day extension for accepting mail-in ballots. They are awaiting action from the Supreme Court related to the issue.