RNC Asks Supreme Court To Block Pennsylvania Provisional Ballot Ruling

The Republican National Committee (RNC) has appealed to the U.S. Supreme Court to reverse a recent ruling by the Pennsylvania Supreme Court. The contested ruling requires election officials to count provisional ballots cast by voters whose mail-in ballots were rejected due to errors. The RNC’s legal team argues this decision is a flagrant overreach that could undermine Pennsylvania’s election integrity.

The Pennsylvania Supreme Court’s narrow 4-3 decision held that election officials must count provisional ballots for voters whose mail-in ballots were invalidated for issues such as missing signatures, improper dates, or a lack of a secrecy envelope. The RNC contends that Pennsylvania election law doesn’t authorize provisional ballots as a “fix” for flawed mail-in ballots. According to Pennsylvania’s Election Code, specific guidelines must be followed for mail-in ballots to be counted. When these requirements are not met, the RNC argues, ballots should be voided without the opportunity for a provisional replacement.

“[The court] dramatically changed the rules governing mail voting,” the RNC filing stated, highlighting the importance of clear, pre-established voting laws. They stressed that, with just days to go before Election Day, an unexpected change could lead to confusion, disputes, and potentially thousands of ballots being counted in violation of state law.

• Legal Precedent at Stake: The RNC’s filing argues that the Pennsylvania Supreme Court’s decision essentially “rewrites” the law in contradiction of the state legislature’s clear stipulations. The RNC claims that the General Assembly, Pennsylvania’s legislative body, has been explicit about invalid mail-in ballots not qualifying for provisional ballot replacement.

• Possible National Implications: Pennsylvania is widely regarded as a battleground state pivotal in determining the balance of power in the U.S. Senate and potentially the 2024 presidential election. The RNC asserts that “tens of thousands of votes” could be impacted, making the case critical to the election’s outcome.

• Temporary Solution Proposed: Until the Supreme Court makes a final decision, the RNC is asking that provisional ballots cast by individuals whose mail-in ballots were previously rejected be separated from the main count to prevent the potential of invalid votes influencing election results.

The controversy began earlier this year after a Pennsylvania trial court sided with Butler County’s decision not to count provisional ballots from voters whose mail-in ballots had been rejected in a primary election. This latest Pennsylvania Supreme Court ruling reversed that decision, mandating that even improperly cast mail-in ballots could lead to counted provisional votes, a move the RNC warns will complicate election processes and erode voter confidence.

In addition to Pennsylvania, the Supreme Court has been asked to intervene in a Virginia case where a judge ordered that non-citizens be reinstated on the voter rolls after the Biden administration intervened. With these cases looming, the stakes are high for election integrity, with national implications on the line.

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