Supreme Court won't block counting of certain provisional ballots in Pennsylvania

Washington — The Supreme Court connected Friday declined to frost a determination from Pennsylvania's highest tribunal that required predetermination officials to count provisional ballots formed by group whose message ballots are invalid because they lacked mandatory secrecy envelopes.

The bid from nan justices intends that predetermination officials successful nan cardinal battleground authorities must tally provisional ballots submitted connected Election Day by voters who returned defective message ballots, either because they didn't see secrecy envelopes aliases grounded to motion aliases day nan outer envelope.

It's unclear really galore provisional ballots will beryllium counted arsenic a consequence of nan Supreme Court's order. In galore counties, voters are notified erstwhile their message ballot is apt disqualified and person nan chance to petition a caller ballot aliases spell to their polling places connected Election Day to formed provisional ballots. 

Still, the statesmanlike title successful battleground Pennsylvania is tied, and winning nan state is central to Vice President Kamala Harris and erstwhile President Donald Trump's efforts to unafraid nan electoral votes needed for victory.

Republicans, who sought alleviation from nan Supreme Court, had warned that if nan Pennsylvania court's ruling was near successful place, "tens of thousands" of provisional votes whitethorn beryllium counted successful a authorities that could determine power of nan Senate and White House. They said if nan justices wished a afloat enactment of nan authorities ultimate court's determination wasn't warranted, they should bid provisional ballots astatine rumor to beryllium group speech and not included successful nan charismatic ballot count while nan ineligible conflict plays out.

In nan 2020 election, astir 1% of returned message ballots were rejected because they did not person caput envelopes, according to an analysis from nan MIT Election Data and Science Lab.

The Republican National Committee and Pennsylvania GOP had sought nan Supreme Court's intervention Monday, conscionable complete a week earlier Election Day. Millions of voters nationwide person already formed their ballots early, either successful personification aliases by mail, including successful Pennsylvania, wherever much than 1.5 cardinal voters person returned message ballots, according to nan University of Florida Election Lab.

"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 told nan Supreme Court successful a filing. "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 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 and ineligible to beryllium counted. 

Because nan voters returned their ballots without secrecy envelopes, they were notified by predetermination officials that their votes mightiness not beryllium counted and were advised that they could formed provisional ballots successful personification connected Election Day, which some voters did.

But nan region committee of elections did not count those provisional ballots. After learning nan ballots were rejected, nan voters challenged nan determination successful authorities tribunal and based on nan elections committee acted wrongly. 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, moreover if nan message ballots are defective. 

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 reiterated successful guidance past week 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.

But lawyers for nan voters said it is Republicans who are seeking to disrupt predetermination rules successful Pennsylvania by asking nan Supreme Court to artifact dozens of region predetermination boards from counting provisional ballots and "fashion a caller statewide provisional ballot segregation regime" little than a week earlier Election Day.

They based on that since nan Pennsylvania General Assembly expanded mail-in voting 5 years ago, astir region predetermination boards and authorities courts person counted provisional ballots formed by voters who formed message ballots that would beryllium deemed invalid.

Citing nan RNC's entreaty to nan Pennsylvania Supreme Court, which that tribunal past resolved, nan voters' lawyers based on that nan GOP now "asks a national tribunal to swoop successful and change nan predetermination laws of Pennsylvania, arsenic interpreted by its Supreme Court, nan mostly of region predetermination boards, and nan Pennsylvania Department of State."

They said nan Republicans are asking nan Supreme Court to "insert itself into authorities rule to revive a ineligible authorities that is little azygous and much burdensome for counties, much confusing for voters and candidates, and much cruel for all."

The conflict complete provisional ballots successful Pennsylvania is 1 of respective related to nan predetermination that nan Supreme Court has been asked to intervene in. On Tuesday, nan precocious tribunal rejected a bid by Robert F. Kennedy, Jr., to beryllium removed from nan ballots successful Michigan and Wisconsin, 2 battleground states. The justices connected Wednesday allowed Virginia to move forward pinch a programme that intends to region noncitizens from its elector rolls.

In:
• Pennsylvania
• 2024 Elections