San Francisco Chronicle

Judge presses demand to find missing ballots

- By Maya Lau and Laura J. Nelson Maya Lau and Laura J. Nelson are Los Angeles Times writers.

LOS ANGELES — A federal judge harshly criticized the U. S. Postal Service on Wednesday, saying that the agency had failed to comply with his order to sweep postal facilities for leftover mailin ballots in battlegrou­nd states where election officials continue to count votes.

Judge Emmet Sullivan of Washington, D. C., said he would consider ordering more inspection­s. On Tuesday, he ordered Postal Service law enforcemen­t to conduct a series of sweeps for mail ballots in a dozen postal facilities, including in central Pennsylvan­ia, Philadelph­ia, Atlanta, Arizona and Michigan’s upper peninsula.

The Postal Service did not conduct those sweeps by Sullivan’s 3 p. m. deadline. The agency said in court filings Wednesday that they did search for ballots in all the ordered locations later in the day, but that the deadline was not “operationa­lly possible.” The sweep turned up 13 delayed mail ballots: three in a Johnstown, Pa., mail facility and 10 in Lancaster, Pa. All were referred to Postal Service management for expedited delivery, the agency said.

“I’m not pleased about this 11thhour developmen­t last night,” Sullivan said in a hearing on Wednesday. “Someone might have a price to pay for that.”

The Wednesday hearing took place as election workers continued to count thousands of mailin ballots in Pennsylvan­ia, Michigan and Georgia, where the presidenti­al outcome remains unclear.

In a court filing, Kevin Bray, the agency’s top executive overseeing election mail, said that processing facilities are typically busiest between 4 p. m. and 11 p. m., as mail is returned from carrier routes and local post offices. Sweeps in the afternoon, as Sullivan ordered, would not yield many ballots, he said.

The Postal Service said in court filings earlier this week that nearly 300,000 ballots had been scanned into the U. S. mail system since Oct. 24 but had not been scanned again to show they had been delivered, including more than 11,000 in Pennsylvan­ia, nearly 16,000 in Florida and more than 6,000 in Michigan.

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