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Pennsylvania Democrats Call on Supreme Court to Uphold Provisional Ballot Rule

 November 1, 2024

Pennsylvania Democrats are urging the U.S. Supreme Court to reject a Republican-led initiative that seeks to block the use of provisional ballots for voters whose mail-in ballots contain errors in this pivotal battleground state.

The outcome of this controversy at the high court could significantly influence the midterm elections, affecting many votes in a state deemed essential for determining U.S. Senate control and the presidency, as the Washington Examiner reports.

This legal battle began when Pennsylvania Democrats and two voters from Butler County approached the U.S. Supreme Court, asking the justices to maintain a ruling by Pennsylvania's Supreme Court. The state court's decision permits voters with faulty mail-in ballots to cast a provisional one on Election Day.

Republicans Contest State Court Ruling

In opposition, the Republican National Committee and state Republicans have filed an urgent appeal to the U.S. Supreme Court. They aim to halt the use of provisional ballots in scenarios where mail-in ballots are found to be flawed.

Republican attorneys contend that the state court's ruling disrupts the legislative authority. They claim it effectively creates a "cure process" for correcting mail-in ballot mistakes, something that the Pennsylvania legislature has not authorized.

The resolution of this case is pressing, as it has the potential to affect tens of thousands of votes in a state recognized for its importance in the national political landscape.

Provisional Ballots Denied in Butler County

The case has highlighted issues faced by two voters, Faith Genser and Frank Matis, who are central figures in this lawsuit. During the primary election in Butler County, both submitted flawed mail-in ballots. Upon realizing the errors, they attempted to vote using provisional ballots after being advised they could do so by election officials.

However, these provisional ballots were later rejected by Butler County. Officials reasoned that since Genser and Matis had already submitted defective mail-in ballots, they were ineligible to cast new ones.

Butler County, like approximately three dozen other counties in Pennsylvania, allows voters to try to correct or "cure" faulty mail-in ballots. However, it does not provide a curing process for "naked ballots," which lack the required secrecy envelope.

Varied Approaches Across Pennsylvania Counties

Pennsylvania's state legislature grants each county the discretion to decide whether to offer ballot-curing options. This leads to inconsistent practices across the state regarding flawed mail-in ballots.

Democrats argue that the allowance of provisional ballots for erroneous mail-in ballots is in harmony with state law. Several court rulings have previously affirmed that provisional ballots should be counted when voters make disqualifying errors on their mail-in submissions.

Provisional ballot rights are uniformly applied across the state, unlike curing options. Voters who are informed of their defective mail-in ballots have the right to submit provisional ones, while properly submitted mail-in ballots do not grant this opportunity.

Legal and Political Implications of the Case

The attorneys representing the Pennsylvania Democrats assert that preventing the use of provisional ballots would effectively disenfranchise voters for no viable reason. They emphasize the importance of preserving voter rights in the election process.

The Democrats' legal team argues that the equities weigh heavily against granting the emergency relief requested by the Republican attorneys. They stress that such a stay would unjustly impact voters seeking to have their voices heard.

This case marks the second election-related issue to reach the U.S. Supreme Court this week, following another case from Virginia addressing voter roll eligibility.

High Stakes in a Competitive Election Year

The stakes are high in this legal dispute, as decisions made could have far-reaching consequences for control of the Senate and possibly the upcoming presidential race. Pennsylvania's role as a battleground state places it at the center of national attention during this election cycle.

Both parties are closely monitoring the progress of the case, aware of the significant implications a ruling could have on the electoral landscape.

The U.S. Supreme Court's decision is highly anticipated, with numerous voters anxiously awaiting clarity on the status of their ballots amidst a fiercely competitive political environment.