Justice Brett M. Kavanaugh corrected an error on Wednesday in an opinion he issued in a Supreme Court ruling that banned Wisconsin from counting mail-in ballots that arrive after election day .
The notice, released on Monday, alarmed Democrats, not only because of its implications for the election results in wobbly state Wisconsin, but also because they saw it as public support for the argument. President Trump’s unfounded claim that results mattered after November. 3 could be riddled with fraudulent votes.
Justice Kavanaugh wrote that while some states had changed their voting rules in response to the pandemic, others had not. He chose Vermont as an example of a state that had not changed its rules because of the coronavirus.
The ruling, made just over a week before the election, sparked a complaint from Vermont Secretary of State Jim Condos. He pointed out that the state had in fact changed its rules to accommodate voters worried about voting in person during a pandemic.
Mr Condos wrote to the court clerk and said Vermont made two key changes this year: all active registered voters received a ballot and prepaid envelope, and election officials were allowed to begin processing the ballots in the 30 days preceding until polling day.
“Vermont is not an exact comparison of Justice Kavanaugh’s claim,” he wrote.
Mr. Condos also posted a copy of the letter on Twitter saying, “When it comes to making decisions about the suffrage of American citizens, facts matter.”
As of Wednesday evening, Judge Kavanaugh’s opinion was changed to say Vermont and other states had not changed their “election deadline” rules in response to the pandemic.