Republicans Seek Delay on Pennsylvania Supreme Court Ruling Affecting Voter Provisional Ballots Ahead of November Election
In a move that could significantly impact thousands of voters in Pennsylvania, the Republican National Committee (RNC) and the Pennsylvania Republican Party are urging the state’s highest court to delay a recent ruling regarding provisional ballots. This request comes as they prepare to appeal to the U.S. Supreme Court, raising questions about the rules governing mail-in voting just weeks before the crucial November 5 presidential election.
On Wednesday, the Pennsylvania Supreme Court ruled that county election officials must allow voters to cast provisional ballots if their mail-in ballots are rejected, provided there are no additional disqualifying issues. This decision stemmed from a case involving Butler County voters whose mail-in ballots were rejected because they were not sealed in a required “secrecy envelope.” The court’s ruling essentially allows these voters a chance to correct their mistakes by casting provisional ballots, which could then be counted.
However, the RNC and the Pennsylvania Republican Party argue that this ruling contradicts the court’s earlier stance against changing voting rules during an ongoing election. In a filing made on Friday, they pointed to the court’s previous warnings about the potential confusion that could arise from altering voting procedures so close to election day. “This Court should heed its statement from earlier this month and refrain from ‘substantial[ly] alter[ing]’ the rules and procedures governing county boards’ counting of ballots in the current election,” their filing stated.
The backdrop to this legal tussle is a broader debate about mail-in voting in Pennsylvania, which has been a hot topic since the state expanded its vote-by-mail options in recent years. The recent ruling not only upheld a lower court’s decision but also raised concerns among Republican leaders who believe it undermines the integrity of the election process. They argue that allowing voters who failed to follow the rules to cast provisional ballots amounts to giving them an “unauthorized do-over.”
Adding to the complexity, the Republican groups contend that the state Supreme Court’s decision infringes upon the U.S. Constitution, which grants state legislatures the authority to determine the “times, places and manner” of elections. They reference a previous U.S. Supreme Court ruling that rejected a similar argument made by North Carolina Republicans regarding congressional redistricting, suggesting that their case could have a strong chance if it reaches the nation’s highest court.
The stakes are high, with the Republican committees asserting that they would face “irreparable injury” if the ruling remains in effect on election day. They argue that delaying the ruling would not only protect their interests but also serve the public good by maintaining the integrity of the election process.
As the clock ticks down to the election, the Pennsylvania Supreme Court has also been faced with other pressing questions regarding mail-in ballots. They recently declined to address issues related to ballots disqualified due to incorrect or missing dates on outer envelopes, as well as whether election officials can notify voters of mistakes and allow them to correct them. Meanwhile, another case is pending regarding whether Washington County election officials must accurately report rejected mail-in ballots, amid concerns about transparency in the voting process.
With the election just around the corner, the outcome of these legal battles could have far-reaching implications for voters in Pennsylvania. As the RNC and state Republican Party push for a delay, all eyes will be on the courts to see how they navigate these contentious issues in the lead-up to one of the most consequential elections in recent history.
