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GOP AGs hope Supreme Court rules against counting late PA mail-in ballots as soon as possible

"The referees, which are the judges, don't get to write the rules — that's the legislature," Louisiana Attorney General Jeff Landry says.

Updated: November 9, 2020 - 11:59pm

The Facts Inside Our Reporter’s Notebook

Louisiana Attorney General Jeff Landry, chairman of the Republican Attorneys General Association and other attorneys general announced Monday that they filed a legal brief asking the Supreme Court to reverse the ruling from the Pennsylvania Supreme Court concerning the counting of late mail-in ballots in the state.

Kentucky Attorney General Daniel Cameron, Missouri Attorney General Eric Schmitt and Oklahoma Attorney General Mike Hunter joined Landry at a news conference about the legal action.

"We believe it's akin to referees getting to change the rules of the game midway through the football game," Landry said. "We believe that's exactly what the Pennsylvania Supreme Court did. The referees, which are the judges, don't get to write the rules — that's the legislature."

The attorneys general hope the Supreme Court will take the case and reverse the Pennsylvania Supreme Court's decision on late mail-in ballots as soon as possible.

Schmitt said that mail-in ballot fraud is the most common form of election fraud. He also said every illegal vote that was cast should not be counted as part of the results in the battleground state of Pennsylvania.

"This potential for fraud is exacerbated by what the Pennsylvania Supreme Court did when they rewrote the law by saying you don't even have to have a postmarked ballot by Election Day and that it can be received three days later creates conditions that are ripe for fraud and abuse," he said. "We are seeking the Supreme Court to take this case."

Hunter said the Pennsylvania Supreme Court ignored the fact that they're potentially "diluting the votes of people" who insured their votes were legally cast in-person or received by mail by Tuesday. 

"It's not only bad law but it's bad policy," he said. "We're very hopeful the Supreme Court will take up this case."

Democratic presidential nominee Joe Biden is the projected winner of Pennsylvania's 20 electoral votes with 99 percent of precincts reporting results.