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Pennsylvania AG files papers at Supreme Court opposing Trump’s intervention in pending case

Neither the campaign’s request to intervene in the case, nor the Attorney General’s choice to object is unusual.
Municipal workers extract Luzerne County ballots from their envelopes, Wednesday, Nov. 4, 2020,...
Municipal workers extract Luzerne County ballots from their envelopes, Wednesday, Nov. 4, 2020, in Wilkes-Barre, Pa. The fate of the United States presidency hung in the balance Wednesday morning, as President Donald Trump and Democratic challenger Joe Biden battled for three familiar battleground states, Wisconsin, Michigan and Pennsylvania, that could prove crucial in determining who wins the White House. (AP Photo/Mary Altaffer)(Mary Altaffer | AP)
Published: Nov. 5, 2020 at 4:21 PM CST
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(CNN) -- Pennsylvania’s attorney general told the Supreme Court Thursday that he objects to the Trump campaign joining a pending dispute concerning late arriving ballots in the Commonwealth.

The justices are currently considering a case brought by Republicans challenging a Pennsylvania Supreme Court decision that allowed ballots to be counted up to three days after the election even if they don’t have a legible postmark. The Trump campaign is asking the justices to allow it to become a part of the dispute arguing that the election could come down to those ballots.

But in legal papers filed Thursday afternoon, Attorney General Josh Shapiro said that the current challenger, the state Republican party, is “capable and willing” to make all the arguments the Trump campaign would make. Shapiro also argued that the case has been pending for weeks and that the campaign “has not provided any justification for its delay in seeking intervention in the court.”

Neither the campaign’s request to intervene in the case, nor the Attorney General’s choice to object is unusual. They are normal tactics associated with a legal challenge.

As things stand, there are more than 10,000 ballots that have arrived after the election. They will only come into play if the race is extremely tight.

Officials in the state have segregated the ballots in question pending the legal dispute but Pennsylvania’s Secretary of State Kathy Boockvar told CNN Thursday that they would not likely sway the final outcome.

“From what we’re tracking so far, you know, counties are reporting anywhere from, smaller counties report from zero to some larger counties reported about 500 ballots received the day after Election Day,” Boockvar said.

“So, you know, that’s not that many really, so unless it is super close, I don’t see them making or breaking this one way or another. In the meantime, we are counting every ballot,” Boockva

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