It took a bit longer than expected to count all of Lancaster County's mail-in ballots. County commissioners had previously said they hoped to have the ballots counted by the end of Election Night; however, people worked through the night and into the afternoon Wednesday to process approximately 91,000 mail-in ballots received.
"Our goal is to have a fair and efficient election. It went smooth yesterday. Things are going well here. It is just taking a long time to scan the huge number of ballots we have," explained Commissioner Joshua Parsons.
One big question remains: What are counties supposed to do with the mail-in ballots received after Election Day? Lancaster County Commissioner Craig Lehman says the answer is simple.
"Folks that have cast their ballots by 8 p.m. yesterday by putting it in the mail have been told their ballot will count if it's received by 5 p.m. Friday, and they are playing by the rules and that needs to be respected," stated Commissioner Lehman.
However, those ballots are being set aside and not tabulated into the county's total votes just yet. That concerns Lehman who believes it could only hurt the voters.
"The way I look at it is very simple: There are people out there following the rules who will be disenfranchised because they followed the rules," he added.
In September, the Pennsylvania Supreme Court ruled mail-in ballots received by counties within three days of the polls closing should count. They cited concerns over Postal Service delays and large numbers of people requesting mail-in ballots due to the ongoing pandemic.
Commissioner Josh Parsons says the count shouldn't happen just yet because the rules keep changing.
"The issue there was changing guidance from Department of State on how to count those. They said to segregate those and keep them separately. They originally said not to canvass or pre canvass them, which means scan them in, and then they changed that to say, 'scan them in,'" explained Parsons.
He believes scanning those ballots in could also create a conflict.
"Because our election staff told us once you scan them in you can't remove them if you're ordered to by a court," added Parsons.
Commissioner Parsons says there is an appeal to the United States Supreme court that is pending, and their decision could override the state's decision to have those mail-in ballots counted.
"We want to make sure every legal ballot is counted and people have their voice heard," he said.
Officials addressed the confusion in an update with the press Wednesday.
"All those ballots will be segregated, but they will be counted," said Secretary of State Kathy Boockvar.
Lehman believes the latter should be happening right now.
"As of today, the Pennsylvania Supreme Court has ruled, the PA Department of State guidance is clear: There is no legal authority to set aside these ballots, so these should be canvassed like any other legally cast ballot," said Lehman.
According to Parsons, County elections staff reports 523 late mail-in ballots which came in Wednesday.
Commissioner Parsons says the county has 8 days after the election or until November 11th to count the ballots, and he says the county will do so if no challenge is presented. With such a narrow margin in Pennsylvania, FOX43 asked both commissioners if they think the count could make a difference; neither wished to make a prediction.
President Trump has previously tweeted about the decision to count mail-in ballots after Election Day. He tweeted, "A 3 day extension for Pennsylvania is a disaster for our Nation, and for Pennsylvania itself. The Democrats are trying to steal this Election. We have to get out and VOTE in even larger numbers. The Great Red Wave is coming!!!”
On Wednesday afternoon, the Associated Press reported the Trump camp said it has filed a lawsuit to stop the Pennsylvania vote count due to a lack of "transparency."
Meanwhile, Lancaster residents have planned a rally to count every vote. Speakers will include local clergy members, community leaders, and local elected officials. It's scheduled for 5 p.m. at Penn Square.
“Unfortunately, Trump is not the only obstacle standing between Pennsylvanians and our votes being counted,” said Jonathan Smucker, a co-founder of Lancaster Stands Up. “County Commissioners [Ray] D'Agostino and Parsons are also attempting to delay counting legitimate mail votes, in hopes that the Supreme Court might later invalidate them. Politicians don’t get to decide the outcome of the election or which votes are counted. Voters decide. All of our votes must be counted.”