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Kavanaugh tweaks voting opinion after Vermont official asks for correction

October 28, 2020. Summarized by summa-bot.

FEBRUARY 5, 2019 - WASHINGTON, DC: Supreme Court Neil Gorsuch, left, and Brett Kavanaugh at the Capitol in Washington, DC on February 5, 2019. (Doug Mills/The New York Times POOL PHOTO) NYTSOTU

Supreme Court Justice Brett Kavanaugh on Wednesday night tweaked a line in his controversial opinion on Wisconsin mail-in voting this week, after he received criticism for incorrectly saying Vermont had not changed its election rules due to the Covid-19 pandemic.

(CNN)Supreme Court Justice Brett Kavanaugh on Wednesday night tweaked a line in his controversial opinion on Wisconsin mail-in voting this week, after he received criticism for incorrectly saying Vermont had not changed its election rules due to the Covid-19 pandemic.

Kavanaugh's error came Monday night, when the court rejected a Democratic bid to allow Wisconsin to count ballots returned up to six days after Election Day. Kavanaugh wrote a concurring opinion that cited Vermont as a state that hadn't made changes to its "ordinary election rules. "

Those actions meant Vermont did not have to change its Election Day deadline to receive mail-in ballots, Condos said.

Kavanaugh was using Vermont as an example of a state exercising its ability to change -- or not change -- election rules and deadlines.

Other States such as Vermont, by contrast, have decided not to make changes to their ordinary election rules, including to the election-day deadline for receipt of absentee ballots. "

It now reads: "Other States such as Vermont, by contrast, have decided not to make changes to their ordinary election-deadline rules, including to the election-day deadline for receipt of absentee ballots. "

The justice also suggested that state courts may not have the last word in interpreting state election rules and mirrored President Donald Trump's language about wanting votes to be counted on Election Day, despite what will be a major backlog of mail-in ballots in key states.

States that require mail-in ballots to be returned by Election Day, Kavanaugh wrote, "want to avoid the chaos and suspicions of impropriety that can ensue if thousands of absentee ballots flow in after Election Day and potentially flip the results of an election. "

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