Supreme Court Declines GOP Appeal on Pennsylvania Provisional Ballots

The Supreme Court has decided on an urgent election issue. They refused an emergency order in the Genser v. Butler County case. The case questioned a Pennsylvania Court decision on provisional ballots.

At the heart of the case was the handling of mail-in ballots in Pennsylvania. Mail-in ballots there require a special process. Voters must seal the ballot in two envelopes. One envelope, called the secrecy envelope, keeps votes private. The second, the declaration envelope, must be signed and dated. Problems arise if the ballot is “naked” — meaning it lacks proper envelopes or signatures.

If that happens, voters can cast a provisional ballot. These are backup votes cast in person at polling places. The debate was whether these provisional ballots should count if the original mail-in ballot was invalid.

The conflict started when two voters from Pennsylvania’s 2024 primary election had their provisional ballots rejected. They argued in court that the election board should count their votes. The Pennsylvania Supreme Court agreed, ruling 4-3 that provisional ballots should count if mail-in ballots are invalid.

However, the Republican National Committee and Pennsylvania Republicans opposed this ruling. They claimed the state Supreme Court changed election rules unlawfully. They argued such changes should come from the legislature, not the court. They feared this decision might affect thousands of votes, especially in Pennsylvania, a crucial state in elections.

This dispute reached the U.S. Supreme Court. Republicans sought emergency intervention, claiming the decision could sway election outcomes. But the U.S. Supreme Court refused to intervene.

This means the Pennsylvania Supreme Court’s decision stands. Provisional ballots will count when mail-in ballots are invalid. This case highlights ongoing battles over voting rules and their potential impact on elections. The debate shows how vital court decisions are in shaping election processes and outcomes.

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