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Supreme Court Asked to Address Pennsylvania Mail-In Ballot Dispute

 October 29, 2024

The Republican National Committee (RNC) is seeking emergency U.S. Supreme Court intervention to halt the counting of certain provisional ballots in Pennsylvania.

This legal move comes in response to a state court decision permitting voters to rectify previously rejected mail-in ballots, as The Hill reports.

On Monday, the RNC filed an emergency request with the U.S. Supreme Court, challenging a recent Pennsylvania Supreme Court ruling.

The state's highest court had allowed voters, whose mail ballots were rejected for issues like missing signatures or incorrect information, the opportunity to cast a provisional ballot on Election Day.

The controversy stems from a close interpretation of Pennsylvania's election laws. According to the RNC, the state law is clear that provisional ballots should not be counted if a voter's original mail ballot was received on time but subsequently rejected.

The current legal dispute began after two voters had their primary election mail ballots invalidated due to the absence of an inner secrecy envelope, sparking widespread legal scrutiny.

Detailing The Supreme Court's Emergency Order Request

The RNC's legal filing argues that the allowance of such provisional ballots contradicts the explicit mandates of the state legislature. The attorneys for the RNC have put forth a strong written statement, underlining that "When the legislature says that certain ballots can never be counted, a state court cannot blue-pencil that clear command into always."

This legal argument highlights a fundamental dispute about the interpretation of election laws, potentially affecting the outcome of a closely contested presidential race.

Pennsylvania, a critical battleground state, has seen more than 1.4 million mail ballots returned in this election cycle.

Justice Samuel Alito, overseeing emergency applications from the region, has set a deadline for responses to the RNC’s petition by Wednesday.

The RNC is aiming for a conclusive ruling from the Supreme Court before Election Day, also suggesting that if these ballots are not excluded outright, they should be counted separately to ensure they do not affect the immediate election results.

Broader Context of Supreme Court Election-Related Cases

The challenge in Pennsylvania is one of four urgent election-related motions currently before the Supreme Court. Each case presents unique questions about electoral law and its application, underlining the high stakes of timely judicial resolution before Election Day.

Separately, former presidential candidate Robert F. Kennedy Jr. has submitted motions to withdraw his candidacy from the ballot in both Wisconsin and Michigan, highlighting the broader national landscape of electoral disputes.

Another emergency application was filed by Virginia on Monday, seeking judicial assistance to remove approximately 1,600 individuals from voter rolls alleged to be noncitizens, showcasing the variety of issues currently confronting the judiciary.

RNC's Suggested Handling of Disputed Ballots

Despite the ongoing legal battles, the RNC has proposed a provisional solution while the court deliberates. They recommend that the mentioned provisional ballots be segregated and tallied independently from others.

This measure intends to prevent any potential influence on the election outcome while maintaining the integrity of the electoral process.

The RNC's application stresses that the resolution of this dispute holds significance irrespective of its direct impact on election results. They argue that a definitive Supreme Court ruling is necessary to clarify the legislative intent and ensure the future stability of election procedures.

As the deadline for the Supreme Court's decision approaches, both sides are bracing for an outcome that could have far-reaching implications for voting rights and election integrity in America.

The resolution of this case will likely serve as a significant precedent for how technical errors in ballot completion are handled in future elections.