THE Supreme Court has ruled that late mail-in ballots in Pennsylvania that arrived after election day be counted separately.
The ruling on Thursday from Justice Samuel Alito is a partial win for Republicans, who are hoping to have the mainly pro-Joe Biden votes scrapped entirely.
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The states top elections official already had ordered those ballots be kept apart in Pennsylvania, where Joe Biden had been inching towards victory.
In the order, Alito stipulated that these ballots to be kept in a "secure, safe, and sealed contained separate from other voted ballots" today.
It read: "The application received today also informs the Court that neither the applicant or the Secretary has been able to verify that all boards are complying with the Secretary's guidance, which, it is alleged, is not legally binding on them."
The order came in response to a plea from the state Republican Party as the former vice president slowly climbed ahead of Donald Trump in PA and elsewhere.
If these late ballots are then counted, Alito said they should be tallied up separately.
The judge said he was motivated in part by the GOP assertion that they can't be sure elections officials are complying with guidance issued by Pennsylvania Secretary of State Kathy Boockvar, who is a Democrat.
There's also a petition pending before the Supreme Court of the United States.
Alito ordered that the opposing side had to respond by 2pm on Saturday.
The judge deals with emergency appeals from The Keystone State and referred the matter to the full court for further action.
The Republicans had appealed to the Supreme Court to try to stop ballots received in the mail after November 3 from being counted.
The states top court granted a three-day extension, and the Supreme Court refused to block it.
Currently, Biden is at 253 and Trump has 215 electoral votes out of a total of 270.
The race is on in key states, such as Pennsylvania, Georgia, Nevada, Arizona, where Biden is in the lead, while Trump is ahead in North Carolina.
The president, who has repeatedly claimed the election is rife with "fraud," proclaimed premature victory on Wednesday, saying "if you count the legal votes I easily won."
Meanwhile, Biden has said this week he has "no doubt" he will win the Oval Office race once all the votes are counted.
However, Trump filed lawsuits in Pennsylvania, alleging observers weren't able to watch the vote count in Philadelphia.
A federal Philly judge denied his campaign's bid to stop the count and noted that "the President and his campaign representatives had falsely claimed throughout the day that their representatives were not allowed in the room."
The office then revealed that Trump's team were forced to admit that they actually had "several representatives in the room."
Two days later, Pennsylvania Republicans sought an emergency order from Scotus mandating that late ballots wouldn't be counted.
He also filed suits in Georgia, Wisconsin Michigan, Arizona, and Nevada.
More to follow…
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