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Election 2020: SCOTUS rejects attempt to block extended ballot deadline

PHOTO: Police officers stand outside the U.S. Supreme Court building in Washington, Oct. 26, 2020.
4:38
Bloomberg via Getty Images
Ballot Watch: Signature verification could snarl massive mail ballot count
By Libby Cathey, Lauren King
Last Updated: October 29, 2020, 12:06 AM

With six days until Election Day, and President Donald Trump and former Vice President Joe Biden racing toward Nov. 3, more than 71 million Americans have voted early so far -- a record.

The president continues an aggressive, defensive campaign as polls show him trailing nationally and in several battleground states key to his reelection hopes. He has back-to-back rallies in Arizona Wednesday.

Sen. Kamala Harris, the Democratic vice-presidential nominee, is also in Arizona making stops in Tucson and Phoenix. Biden will deliver remarks on his plan to beat COVID-19 from Wilmington, Delaware.

Vice President Mike Pence, meanwhile, has campaign rallies in the battleground states of Wisconsin and Michigan.

Top headlines:

  • Kavanaugh revises Wisconsin opinion at request of Vermont
  • Supreme Court rejects GOP attempt to block extended ballot deadline 
  • Trump, Biden condemn violence in Philadelphia
  • Biden early votes in Wilmington, expands on health care plan
  • 2020 election cost projected to near $14 billion, twice the amount spent in 2016 cycle
Here is how the day is developing. All times Eastern.

Oct 29, 2020 12:06 AM

How the electorate will be different in 2020

The FiveThirtyEight Politics Podcast crew takes a closer look at who exactly is voting in this election and how voters' preferences have changed or stayed the same since 2016.

VIDEO: FiveThirtyEight Politics Podcast: How the electorate will be different in 2020
51:45
The crew takes a closer look at who exactly is voting in this election and how voters' preferences have changed or stayed the same since 2016.

Oct 29, 2020 1:43 AM

Kavanaugh revises Wisconsin opinion at request of Vermont

Supreme Court Justice Brent Kavanaugh made a rare, if minor, correction to a Supreme Court opinion in response to a highly public objection.

Earlier Wednesday, the state of Vermont formally requested that Kavanaugh correct his concurring opinion from Monday's controversial Supreme Court decision blocking a mail ballot deadline extension in Wisconsin. 

While arguing that the court should not "second-guess" state legislative judgements during the pandemic, he attempted to draw a comparison between Wisconsin and other states which he claimed had decided against changes to mail ballot rules. 

"States such as Vermont," Kavanaugh wrote, "have decided not to make changes to their ordinary election rules, including to the election-day deadline for receipt of absentee ballots. The variation in state responses reflects our constitutional system of federalism. Different state legislatures may make different choices."

PHOTO: Brett Kavanaugh waits before being sworn-in as Associate Justice of the US Supreme Court  in the East room of the White House in Washington, Oct. 8, 2018.
Jim Watson/AFP/Getty Images
Brett Kavanaugh waits before being sworn-in as Associate Justice of the US Supreme Court in the East room of the White House in Washington, Oct. 8, 2018.
Jim Watson/AFP/Getty Images

While it's true that Vermont has not extended its Election Day postmark requirement for mail ballots, the state has in fact made substantive changes to the rules aimed at allowing greater participation during a public health crisis, including mailing every voter a ballot and prepaid return envelope.

Kavanaugh made a revision to page 5 of his opinion, the court clerk said later Wednesday. It has not changed the substantive bottom line of his vote.

With the revision, it now reads, "Other States such as Vermont, by contrast, have decided not to make changes to their ordinary election-deadline rules, including to the election-day deadline for receipt of absentee ballots. See, e.g., Vt. Stat. Ann., Tit. 17, §2543 (2020). The variation in state responses reflects our constitutional system of federalism."

-ABC News Senior Washington Reporter Devin Dwyer and Benjamin Siegel


Oct 29, 2020 1:36 AM

Little sign of the presidential race tightening

After a surprisingly sluggish weekend for polling, the  floodgates have opened, with a mix of high-quality polls, low-quality polls and pretty much everything in between. And although there are some outliers in both directions, they tell a fairly consistent story, overall: A steady race nationally, perhaps with some gains for Joe Biden in the Midwest.

MORE: We Have A Lot Of New Polls But There’s Little Sign Of The Presidential Race Tightening
PHOTO: Maryland residents wait in line to vote at the Bohrer Park Activity Center, Oct. 26, 2020, in Gaithersburg, Maryland.
Win Mcnamee/Getty Images
Maryland residents wait in line to vote at the Bohrer Park Activity Center, Oct. 26, 2020, in Gaithersburg, Maryland.
Win Mcnamee/Getty Images


Oct 29, 2020 1:29 AM

Why Biden sometimes wears two masks

As Biden was leaving The Queen Theater in Wilmington, Delaware, on Wednesday night, he as asked why he sometimes wears two masks.

PHOTO: Democratic Presidential Candidate Joe Biden is greeted by Congressman Cedric Richmond as he arrives with his granddaughter Finnegan Biden and his sister Valerie in Columbus, Georgia, Oct. 27, 2020.
Jim Watson/AFP via Getty Images
Democratic Presidential Candidate Joe Biden is greeted by Congressman Cedric Richmond as he arrives with his granddaughter Finnegan Biden and his sister Valerie in Columbus, Georgia, Oct. 27, 2020.
Jim Watson/AFP via Getty Images

"Because, the one mask is the N-95 and I don't like it around my ears and I hold it on with this mask," Biden said referencing how he sometimes sports a blue paper mask over his N-95 mask.

-ABC News' Molly Nagle


Oct 28, 2020 10:14 PM

Supreme Court rejects GOP attempt to block extended ballot deadline 

The Supreme Court has rejected Pennsylvania Republicans' second attempt to block an extended deadline for mail-in ballots for the 2020 election.

The high court announced the 5-3 decision Wednesday evening that it will not expedite a Republican request to stop the state's extended deadline for receiving mail-in ballots, a small and potentially temporary victory for Democrats who believe mail-in ballots in the battleground state could determine the election.

Justice Amy Coney Barrett did not participate in the case "because of the need for a prompt resolution of it and because she has not had time to fully review the parties' filings," the court's spokeswoman said.

The court's order did leave open the possibility that the justices could take up the measure again and decide after voting whether a three-day extension to receive and count absentee ballots ordered by the state's high court was proper. The decision leaves open a potential question as to the validity of any ballots received after Election Day.

PHOTO: Police officers stand outside the U.S. Supreme Court building in Washington, Oct. 26, 2020.
Bloomberg via Getty Images
Police officers stand outside the U.S. Supreme Court building in Washington, Oct. 26, 2020.
Bloomberg via Getty Images

Justice Samuel Alito, writing for the three dissenting justices -- himself, Justice Neil Gorsuch and Justice Clarence Thomas -- indicated he would support the court's eventual review of the issue but wrote, "I reluctantly conclude that there is simply not enough time at this late date to decide the question before the election."

Earlier in the month, the Supreme Court deadlocked 4-4 on whether to block the extension -- effectively leaving in place a Pennsylvania Supreme Court decision that mandated the extension. Republicans were hoping Barrett's place on the court could produce a different outcome. In the end, Justice Brett Kavanuagh joined the majority in this decision.

Experts say due to the expected record amount of mail-in voting, election night could be more like election week, but Trump said earlier in the day he expects the courts would "hopefully" block any ballot deadline extensions.


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