The US Supreme Court on Friday (November 1) rejected an emergency appeal by the Republican Party to halt the counting of some Pennsylvania voters’ provisional ballots in next week’s US election. These voters had previously mailed erroneous ballots that could not be re-voted according to state law.
According to Reuters, the Supreme Court dismissed the emergency request made by the Republican National Committee (RNC) and the Pennsylvania Republican Party to stay a ruling by the Pennsylvania Supreme Court on October 23. The ruling supported two voters in Butler County who requested the counting of their provisional ballots. These voters had their primary election mail-in ballots rejected due to a lack of secrecy envelopes. The Republicans cited state election laws to reject their provisional ballots for the general election.
The justices issued the ruling as is common in emergency situations, but did not explain the reasoning behind their decision.
Allowing voters to cast provisional ballots when their eligibility to vote on election day is uncertain is a common practice to protect these voters from being excluded from the voting process. Once officials confirm the voters’ eligibility, their ballots are included in the count.
Election experts believe that the ruling by the Pennsylvania Supreme Court could affect thousands of ballots, if not more. This decision allows individuals whose mailed ballots were rejected due to missing required signatures, dates, or secrecy envelopes to cast provisional ballots to ensure their votes are counted.
Pennsylvania is one of the few battleground states where the outcome may determine the results of the presidential race between Republican candidate and former President Trump and Democratic candidate and Vice President Harris.
The lawyer representing the Butler County voters who filed the lawsuit hailed Friday’s ruling as a victory for democracy.
Ben Geffen, an attorney at the Public Interest Law Center based in Philadelphia, said the ruling ensures that “all eligible voters should have the opportunity to vote, even if they make technical errors on their mail-in ballots. This is a step towards a more inclusive election process that respects the rights of all Pennsylvanians.”
Republicans argued to the US Supreme Court that this ruling could put “tens of thousands of ballots” at risk and should not be counted, as many believe Pennsylvania “could play a pivotal role in determining control of the US Senate or even the 2024 presidential election.”
In a legal filing, Republicans stated that if flawed mail-in ballots were received on time, the voters should not be allowed to “re-vote through provisional ballots” according to Pennsylvania election law. Republicans allege that the Pennsylvania Supreme Court overstepped by changing the rules close to the election date, thus usurping the authority of the state legislature.
In contrast to Butler County, most of the 67 counties in Pennsylvania have already included provisional ballots of voters who had their mail-in ballots rejected.