Republicans petitioned the Supreme Court Monday to block a lower court’s ruling allowing voters in Pennsylvania to cast a provisional vote in person on election day if their mail-in ballot is rejected.
The Pennsylvania Supreme Court ruled on Oct. 23 that the Butler County Board of Election could count provisional ballots cast by voters whose original mail-in ballots were voided due to voter errors, according to court documents. The Republican National Committee (RNC) and Republican Party of Pennsylvania argue that allowing the provisional ballots is illegal and could spark “chaos” and “confusion” and has the potential to flip elections in the state, according to the petition.
“Even if the Pennsylvania Supreme Court’s decision does not change the outcome of any election, the question of whether the provisional ballots can be added to the vote total would remain a concrete dispute this Court can review,” the court documents read. “As this Court knows, this is the second consecutive presidential election in which the Pennsylvania Supreme Court has changed important election rules at the last minute. Reviewing that court’s authority to do so — even after Election Day (when the pressure of an imminent election would be absent) — would provide invaluable guidance for future elections.’”
Supporters of former President Donald Trump volunteer at a Republican Party booth at the the Westmoreland Fair, handing out lawn signs and registering voters, August 21, 2024 in rural Westmoreland County, Pennsylvania. (Photo by Andrew Lichtenstein/Corbis via Getty Images)
The appellants argue that provisional ballots are only allowed in a few circumstances by law and are illegal after a voter’s “first (and only) ballot” is received, according to the documents. Voters are already warned when they receive their mail-in ballots that documents with incorrect information will not be counted and therefore do not need to be granted a second chance to vote, they argue.
In its initial ruling, the Pennsylvania Supreme Court stated that mail-in ballots with errors were considered invalid and therefore were not acknowledged formally as a voter’s first ballot, according to the ruling.
The plaintiffs state that the original court’s ruling is “so unreasonable that it violates the Elections and Electors Clauses of the U.S. Constitution” and petitioned the Supreme Court to issue an emergency stay by Nov. 1.
The Pennsylvania Supreme Court previously stated on Oct. 7 it would not issue rulings regarding mail-in ballots this close to the election, including a case challenging the legality of ballots with incorrect dates. (RELATED: Bomb Threat Forces Swing State County GOP Headquarters To Close)
Recent polls indicate that Republican presidential nominee Donald Trump holds a slim lead over Democratic presidential nominee Kamala Harris in Pennsylvania.
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