Republicans turn to Supreme Court in dispute over Pennsylvania provisional ballots

Washington — The Republican National Committee asked nan Supreme Court connected Monday to put connected clasp a authorities precocious tribunal determination that said predetermination officials must count provisional ballots formed by a elector whose message ballot was rejected because it was returned without a secrecy envelope.

The request for emergency alleviation sought by Republicans is nan 2nd involving nan 2024 predetermination to beryllium revenge pinch nan Supreme Court connected Monday. Earlier successful nan day, Virginia officials asked nan precocious court to let it to move guardant pinch removing astir 1,600 alleged noncitizens from authorities elector rolls.

Both requests for nan Supreme Court's intervention travel conscionable complete a week earlier Election Day and arsenic millions of voters crossed nan state person already formed their ballots early, either successful personification aliases by mail. In Pennsylvania, much than 2 cardinal message ballots person been requested, and astir 1.4 cardinal returned, according to nan University of Florida Election Lab.

Pennsylvania is simply a important authorities that could determine whether Vice President Kamala Harris aliases erstwhile President Donald Trump wins nan White House. Republicans warned that if nan Pennsylvania Supreme Court's ruling is near untouched, "tens of thousands" of provisional votes whitethorn beryllium counted. In nan 2020 election, erstwhile galore states made it easier to ballot by message because of nan COVID-19 pandemic, astir 1% of returned message ballots successful Pennsylvania were rejected because they did not person secrecy envelopes, according to an analysis from nan MIT Election Data and Science Lab.

Republicans said that if nan justices find that a afloat enactment is not warranted, they should bid provisional ballots formed by voters whose message ballots were defective to beryllium group speech and if counted, they should beryllium tallied separately and not included successful nan charismatic ballot count while nan ineligible conflict plays out.

"This lawsuit is of paramount nationalist importance, perchance affecting tens of thousands of votes successful a authorities which galore expect could beryllium decisive successful power of nan U.S. Senate aliases moreover nan 2024 statesmanlike election," lawyers for nan Republicans wrote. "Whether that important predetermination will beryllium conducted nether nan rules group by nan General Assembly aliases nether nan whims of nan Pennsylvania Supreme Court is an important law mobility meriting this court's contiguous attention."

The Pennsylvania lawsuit arose aft nan state's superior predetermination successful April, erstwhile 2 voters from Butler County submitted message ballots but grounded to enclose them successful secrecy envelopes. The authorities besides requires voters to motion and day nan mailing envelopes containing their ballots. Failure to comply pinch these requirements renders nan message ballot invalid. 

Because nan voters returned their ballots without secrecy envelopes, they were notified by nan Butler County Election Board that their votes mightiness not beryllium counted and were advised that they could formed provisional ballots during in-person voting, and some voters did so.

But nan region committee of elections did not count those provisional ballots. After learning they were rejected, nan voters sued successful authorities court, arguing that nan committee was incorrect to cull their ballots. The proceedings tribunal disagreed, uncovering that nan state's predetermination codification prohibits individuals who taxable message ballots that are "timely received" from having their provisional ballots tallied. A voter's correction successful returning a message ballot was not recovered to beryllium an acceptable logic to count a provisional ballot.

But nan voters prevailed earlier nan Pennsylvania Supreme Court, which ruled successful a 4-3 decision that boards of elections must count provisional ballots formed by voters whose message ballots are rejected for lacking secrecy envelopes. 

While nan conflict involves voters from Butler County, nan Pennsylvania Department of State issued guidance past week stating that a provisional ballot whitethorn beryllium issued erstwhile voters return a completed message ballot that would beryllium rejected and nan voters judge they're eligible to vote.

Republicans urged nan Supreme Court to region nan determination from Pennsylvania's apical court, informing that if it remains successful place, region boards "will beryllium forced to disregard nan Election Code's clear instruction and count provisional ballots formed connected Election Day by those who submitted defective message ballots."

They besides based on that nan authorities ultimate tribunal was incorrect to alteration nan rules regarding message voting aft it had started and truthful adjacent to Election Day.

In:
• Pennsylvania
• Supreme Court of nan United States
• Voting