“Given the results of the November 3, 2020 general election, the vote in Pennsylvania may well determine the next President of the United States—and it is currently unclear whether all 67 county boards of elections are segregating late-arriving ballots,” the GOP filing said.

Boockvar said Thursday that the late-arriving ballots are being separated and have not been counted yet. However, she did not pledge that they would not be counted once officials finish their work on the earlier ballots.

Boockvar has also said that she believes the number of late-arriving ballots is likely to be small due to extensive publicity in advance of the election about the legal controversy and about postal delays.

The Pennsylvania Supreme Court ruled 4-3 in September that ballots arriving up to three days after Election Day would be counted. However, Republicans contend that decision usurped the role of the Pennsylvania legislature.

Pennsylvania Republicans and legislative leaders took the issue to the U.S. Supreme Court back in September. The court turned down the request on Oct. 19 on a 4-4 vote. However, the confirmation of Justice Amy Coney Barrett to the court could affect that balance.

Petitions for the court to formally take up the case on its docket remain pending. Republicans tried to accelerate those shortly before Election Day, but the justices unanimously ruled that there wasn’t enough time to hear the case in time for the election. Barrett didn’t take part in that ruling.