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ABC News

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 7:35 PM

Trump, Biden condemn violence in Philadelphia

At an event with truckers in Las Vegas, Trump was asked about the unrest in Philadelphia following the death of Walter Wallace Jr., a Black man, at the hands of police. After condemning riots in what he called the "Democrat run" state, he said the federal government is looking into the fatal shooting.

"It's a terrible thing," Trump said. "What I'm witnessing is terrible, and, frankly, that the mayor or whoever it is, that's allowing people to riot and loot and not stop them is also just a horrible thing."

PHOTO: President Donald Trump talks to the media at Trump International Hotel Las Vegas, Oct. 28, 2020.
Evan Vucci/AP
President Donald Trump talks to the media at Trump International Hotel Las Vegas, Oct. 28, 2020.
Evan Vucci/AP

"We're looking at the shooting and if asked to go in and help, we will do that," Trump said, urging Philadelphia Mayor Jim Kenney, a Democrat, to call in the National Guard -- which the state has already done. 

Looking to the election, Trump also said that "hopefully" the courts will stop ballots from being counted past Nov. 3 -- but experts say to expect record amount of mail-in voting, election night could be more like election week.

MORE: Video: Protests erupt over Walter Wallace ​Jr. killing

Biden, asked earlier about the ongoing situation in Philadelphia, gave a general answer to the ongoing clashes between police officers and protesters as he tries to walk a fine line of supporting both Black Lives Matter protesters and law enforcement.

“There is no excuse whatsoever for the looting and the violence. None whatsoever. I think to be able to protest is totally legitimate, totally reasonable," Biden said, going on to pitch his idea of a national commission on policing. "But there's no excuse for the looting."


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