As Pennsylvania’s status as a key battleground intensifies ahead of the Nov. 5 presidential election, Republicans have appealed to the U.S. Supreme Court, seeking to overturn a state ruling that mandates the counting of provisional ballots cast by voters who made mistakes on mail-in ballots. This move, if granted, could impact thousands of votes in a race where every ballot may matter.
The Republican National Committee and Pennsylvania’s GOP filed the emergency request in response to an Oct. 23 Pennsylvania Supreme Court ruling, which favored two Butler County voters. Their provisional ballots were initially dismissed due to mistakes in the mail-in ballot process, specifically the omission of secrecy envelopes. The Pennsylvania high court’s decision allowed these voters’ provisional ballots to be counted, sparking concerns from Republicans about a precedent they argue undermines legislative authority over election rules.
At the core of the issue is a debate about provisional ballots, which serve as a safeguard, allowing voters to participate even if there are questions about their eligibility. Traditionally, provisional ballots are only tallied once eligibility is verified. Pennsylvania Republicans argue that mail-in ballots, even if flawed, should not result in the acceptance of provisional ballots, pointing to state election laws that restrict such a process. Democrats, however, maintain that if a mail-in ballot is disqualified, the voter hasn’t actually cast a vote, meaning a provisional ballot should stand as the singular valid vote.
The state Supreme Court’s decision supports the latter view, asserting that disenfranchising voters due to technical errors is unconstitutional. Republicans, nonetheless, contend this interpretation infringes on the General Assembly’s constitutional role in setting election procedures.
Pennsylvania’s Secretary of the Commonwealth, Al Schmidt, opposed delaying the state ruling, arguing that a decision in one county shouldn’t prevent provisional ballots from being counted across all others.
