In 4-4 decision Monday, the US Supreme Court denied the application by the Republican Party of Pennsylvania for stay of an order by the Pennsylvania Supreme Court extending the deadline for receiving absentee and mail-in ballots.

Under the Pennsylvania court’s order, the absentee ballots must be mailed before or on Election Day and received within the following three days. If a ballot’s postmark is missing or illegible, it will be counted unless a preponderance of the evidence indicates it was cast after Election Day. Pennsylvania Attorney General Josh Shapiro argued in his brief to the court that the decision was consistent with the treatment of ballots cast overseas before Election Day and received afterward. Shapiro also insisted that the state constitution gives the Pennsylvania court the authority to make such decisions, especially during a global pandemic.

The US Supreme Court’s decision is consistent with the deference it shows to state courts on interpretations of state law. Further, the US Constitution gives states the authority to set the time, place and manner of congressional elections.

Democrats have requested 100,000 more absentee ballots than Republicans. This disparity has led some to accuse state Republicans of attempting voter suppression.