UPDATE: Judge Extends Mail-In Ballot Deadline To Friday Following GOP Lawsuit
A Bucks County Court of Common Pleas judge granted injunctive relief to the campaign of former President Donald Trump, U.S. Senate candidate Dave McCormick, and the Republican National Committee following confusion and accusations over mail-in ballots.
Judge Jeffrey Trauger granted an injunction that would allow “any persons who wishes to apply for, receive, vote, and return a mail-in ballot to appear at the Election Bureau office” and do so by the close of business on Friday, Nov. 1.
It was unclear as of 3 p.m. if the decision extends to the county’s main election office and the two satellite branches in the lower and upper ends of the county.
The decision came Wednesday afternoon several hours after the Republicans filed a complaint.
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Karoline Leavitt, a Trump spokesperson, called the decision a major victory in a press call just before 3 p.m.
RNC Chair Michael Whatley stated in a call with reporters following the judge’s ruling that the Bucks County decision was a “landmark victory.” He noted that this decision will allow Democrats and Republicans a chance to take part in on-demand mail-in voting if they were turned away.
“The RNC will leave no stone unturned in ensuring a fair, accurate and secure and transparent election, not just for Republican voters, for all voters,” Whatley said.
The statewide deadline to apply for a mail ballot in Pennsylvania was 5 p.m. Tuesday.
Voter registration in Bucks County is roughly even between the two parties. In 2016, the County narrowly voted for Hillary Clinton, and in 2020, it went for Joe Biden.
The legal action, which Whatley announced during a Trump campaign rally in Allentown Tuesday night, came after a writ of summons was issued against the Bucks County Commissioners – two Democrats and a Republican – and the elections director. The commissioners also serve on the Bucks County Board of Elections.
Trauger wrote in his injunction that the county “violated the Pennsylvania Election Code” on Tuesday.
The Republicans made their filing after numerous reports of long lines at county election offices in Bristol Township, Doylestown Borough, and Richland Township in recent days.
According to the lawsuit, some voters faced wait times so lengthy that some were unable to submit their mail-in ballot applications by the Tuesday 5 p.m. deadline.
Pennsylvania’s on-demand mail voting system allows voters to request, receive, and cast mail-in ballots on the same day. However, the process can take more than 10 minutes per voter and lines quickly built up due to high demand as some misunderstood the process as “early voting,” which Pennsylvania does not permit.
Republicans have been making a push to get their voters to vote ahead of election day using mail-in ballots after years of concerns supported by Trump.
“When you tell people that they need to leave, that they should not vote, while it is legal for them to vote, that is extraordinarily problematic, and I don’t know, and I don’t care whether that was disproportionately affecting Republicans or Democrats,” Whatley said on the call Wednesday. “The fact is, you had voters who were in line in a position to legally cast their votes, who were told by officials not to do so. And it is, it is good to see that the court has agreed with us that that is problematic and ordered Bucks County to have additional days of early vote as a remedy for it.”
According to the lawsuit, some voters were reportedly turned away after waiting in line as election officials announced they would not be able to process all on-demand requests by the 5 p.m. closing time.
The Trump campaign argued that anyone in line by the deadline should have been allowed to receive a ballot.
The Pennsylvania Department of State recommended that counties allow voters in line by the 5 p.m. deadline to submit their mail-in ballot applications, a guideline that the Trump campaign argues Bucks County failed to meet.
Bucks County staff did offer mail-in ballot applications for some of those turned away from the line, but the lawsuit claims that not everyone had that opportunity after security officers shut down the line around 2:45 p.m.
In a Wednesday statement, county officials said there were some early miscommunications, but everyone should have been able to submit a mail ballot application.
Meanwhile, nearby Lehigh County faced challenges but managed to get a judge to extend the mail-in ballot application deadline due to road closures around Trump’s rally near the elections office in Allentown.
Videos of the confusion at county government offices quickly spread on social media Wednesday.
Bucks County officials declined comment shortly after the lawsuit was filed.
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