I don't think SCOTUS would overturn the election results per se, but I think they may, whether justified or not, can suspend or deny certification

If they reached that conclusion that is

If there is proof that legal votes postmarked by 11/3 were received after 11/3 that exceeded the margin of error, then they should provide that proof. I would also contend that the only way that 81k+ votes didn't get there in time was due to an illegal concerted effort to disenfranchise voters by purposely slowing down the mail delivery.

The supreme court can deny certification? That sounds wrong.

A lot of things have to happen for Trump to pull this off and so far that's not the trend

Is there any paper trail that would indicate when those ballots are collected or arrive at a processing center.

if they back-dated them, it would be pretty hard to discern those from ones that came before 11/3

@Adam135 i believe the Court can rule that the Election was held or counted in violation of Law and Null and Void. Not determine a winner. It would fall onto the Constitutional Requirements after that to determine the State Electors.

right, that's what I meant to say.

Basically no one gets PA's votes

The key to that being CAN

People are saying they are constantly muddying and then testing the waters for support of an actual military-backed coup.

@William Dinan Considering you're talking about state-specific laws, I'm not so sure.

had to go look it up. Presidents legal team is challenging 700k votes in PA that were counted while poll watchers weren't permitted to watch. So, the mail in vote issue was different.

Not denying certification but if they throw votes out due to it being unconstitutional, they could remand it back to count the legal votes which could change the outcome of certifying the winner.

I would assume so... there may be some via the USPS even. I think it matters the type of postage as to the level of tracking. That is why, I think, some states opted to pre-pay the postage on their envelopes. They don't get the postmark on some of those prepaid rates, so some states require the voter to supply postage. That's an over-simplification from what I recall off the top of my head.

@Steeler26 I don't see the unconstitutional argument for a lot of these cases. 77 is different because of how it changed.

Which was legislation from the bench.

@Maw State Courts yes. Federal Court's can uphold The US Constitution and Federal Laws. The US Constitution establishes the Authority to the State Legislature and the US Congress respectively.

Trump's operation warp speed https://www.theatlantic.com/ideas/archive/2020/12/moral-imperative-get-vaccination-done-quickly/617310/👍

77 is definitely different for sure. Will be interesting if SCOTUS grants review of a state constitution arguably tied to the federal constitution.

https://www.nytimes.com/2020/10/28/us/supreme-court-pennsylvania-north-carolina-absentee-ballots.html

It's a breach of the branches of power, it's definitely something unconstitutional.

@Maw. Seperation of Powers.

Yes, this is what I meant.

It is breaching the branch and reaching into another branch.

Will they prosecute the voters or is their votes being vetoed by the government enough punishment?

Attempted election tampering.

I don't know if the SCOTUS could offer that kind of relief.

I imagine they'd only say you have to change your law.

This is the filing that is on the docket for 12/8 - It outlines the case starting on Page 2 - Introduction:

https://www.supremecourt.gov/DocketPDF/20/20A98/162573/20201203162739451_Final_Emergency%20Application%20for%20Writ%20of%20Injunction.pdf

How does the health emergency play into this? Do the states not have power to do out of the ordinary things?

They do, as long as they have a public health emergency declared.

Or state of emergency.

States are the boss of states.

Unless you are messing with a federal law

@Steeler26, you just advanced to level 3!

Yeah, unless you're being unconstitutional.

Yup

Which Act 77 is.

@Zuluzeit a Voter may submit a Ballot that is in violation of the Law. That does not necessarily mean they have Criminal Liability.... Ie. Not signing their Absentee Ballot. Not a Crime, However still an Illegal Ballot.