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Election 2020: SCOTUS rejects attempt to block extended ballot deadline

This was the Pa. GOP's second attempt to block the extension for mail-in ballots

Last Updated: October 29, 2020, 10:35 AM EDT

With six days until Election Day, and President Donald Trump and former Vice President Joe Biden racing toward Nov. 3, more than 71 million Americans have voted early so far -- a record.

The president continues an aggressive, defensive campaign as polls show him trailing nationally and in several battleground states key to his reelection hopes. He has back-to-back rallies in Arizona Wednesday.

Sen. Kamala Harris, the Democratic vice-presidential nominee, is also in Arizona making stops in Tucson and Phoenix. Biden will deliver remarks on his plan to beat COVID-19 from Wilmington, Delaware.

Vice President Mike Pence, meanwhile, has campaign rallies in the battleground states of Wisconsin and Michigan.

Oct 28, 2020, 9:43 PM EDT

Kavanaugh revises Wisconsin opinion at request of Vermont

Supreme Court Justice Brent Kavanaugh made a rare, if minor, correction to a Supreme Court opinion in response to a highly public objection.

Earlier Wednesday, the state of Vermont formally requested that Kavanaugh correct his concurring opinion from Monday's controversial Supreme Court decision blocking a mail ballot deadline extension in Wisconsin. 

While arguing that the court should not "second-guess" state legislative judgements during the pandemic, he attempted to draw a comparison between Wisconsin and other states which he claimed had decided against changes to mail ballot rules. 

"States such as Vermont," Kavanaugh wrote, "have decided not to make changes to their ordinary election rules, including to the election-day deadline for receipt of absentee ballots. The variation in state responses reflects our constitutional system of federalism. Different state legislatures may make different choices."

PHOTO: Brett Kavanaugh waits before being sworn-in as Associate Justice of the US Supreme Court  in the East room of the White House in Washington, Oct. 8, 2018.
Brett Kavanaugh waits before being sworn-in as Associate Justice of the US Supreme Court in the East room of the White House in Washington, Oct. 8, 2018.
Jim Watson/AFP/Getty Images, FILE

While it's true that Vermont has not extended its Election Day postmark requirement for mail ballots, the state has in fact made substantive changes to the rules aimed at allowing greater participation during a public health crisis, including mailing every voter a ballot and prepaid return envelope.

Kavanaugh made a revision to page 5 of his opinion, the court clerk said later Wednesday. It has not changed the substantive bottom line of his vote.

With the revision, 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. See, e.g., Vt. Stat. Ann., Tit. 17, §2543 (2020). The variation in state responses reflects our constitutional system of federalism."

-ABC News Senior Washington Reporter Devin Dwyer and Benjamin Siegel

Oct 28, 2020, 9:36 PM EDT

Little sign of the presidential race tightening

After a surprisingly sluggish weekend for polling, the floodgates have opened, with a mix of high-quality polls, low-quality polls and pretty much everything in between. And although there are some outliers in both directions, they tell a fairly consistent story, overall: A steady race nationally, perhaps with some gains for Joe Biden in the Midwest.

Maryland residents wait in line to vote at the Bohrer Park Activity Center, Oct. 26, 2020, in Gaithersburg, Maryland.
Win Mcnamee/Getty Images

Oct 28, 2020, 9:29 PM EDT

Why Biden sometimes wears two masks

As Biden was leaving The Queen Theater in Wilmington, Delaware, on Wednesday night, he as asked why he sometimes wears two masks.

Democratic Presidential Candidate Joe Biden is greeted by Congressman Cedric Richmond as he arrives with his granddaughter Finnegan Biden and his sister Valerie in Columbus, Georgia, Oct. 27, 2020.
Jim Watson/AFP via Getty Images

"Because, the one mask is the N-95 and I don't like it around my ears and I hold it on with this mask," Biden said referencing how he sometimes sports a blue paper mask over his N-95 mask.

-ABC News' Molly Nagle

Oct 28, 2020, 9:24 PM EDT

Wisconsin Election Day preparations

Meagan Wolfe, Wisconsin Elections Commission administrator, joined ABC News Live to discuss Election Day preparations and urged voters, at this point, to drop off their ballot in person or in a dropbox rather than rely on the Postal Service.

"We're at this critical juncture before the election, returning your absentee ballot either in person to your local election official or in a Dropbox in your community is really the best option," Wolfe told ABC News Live Prime Anchor Linsey Davis.

Since so many Wisconsin residents have voted early or will over the next few days, Wolfe said she does not anticipate Election Day crowds being an issue. 

"We expect that there'll be about 40% of our expected turnout that come to the polls on Election Day," she said.

-ABC News' Jon Schlosberg

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