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Federal Appeals Court Upholds State's Six-Day Extension for Counting Absentee Ballots

Wednesday, September 30th, 2020 -- 9:04 AM

(AP) -A federal appeals court on Tuesday upheld a six-day extension for counting absentee ballots in Wisconsin’s presidential election, handing Democrats a victory in their fight to deliver the key battleground state for Joe Biden in November.

The decision, if it stands, means that ballots postmarked on or before Nov. 3 will be counted as long as they are received by Nov. 9. That could mean the winner in Wisconsin won’t be known for days after the polls close. Republicans could appeal the case to the U.S. Supreme Court. The decision came just two days after the appeals court put the lower court’s ruling granting the extension on hold. The appeals court vacated that ruling, saying Republicans who sued did not have standing.

The court gave Republicans one week to argue why the case should not be dismissed. All three judges who issued the ruling were appointed by Republican presidents. Amy St. Eve was appointed by the current President in 2018; Ilana Rovner by President George H.W. Bush in 1992; and Frank Easterbrook by President Ronald Reagan in 1984.

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