A last-minute legal battle unfolds as the Republican National Committee seeks intervention from the nation's highest court over Pennsylvania's mail ballot procedures just days before the presidential election.
According to The Hill, the RNC filed an emergency request with the Supreme Court on Monday to prevent Pennsylvania voters whose mail ballots are rejected for technical reasons from casting provisional ballots.
The Pennsylvania Supreme Court's 4-3 decision last week determined that voters whose mail ballots are rejected should have another opportunity to vote in person on Election Day. This ruling has sparked immediate controversy and legal challenges.
The case originated when two Pennsylvania voters faced rejection of their primary election mail ballots due to missing inner secrecy envelopes. These voters, supported by the Pennsylvania Democratic Party, initiated legal action to challenge the rejection process.
The RNC's attorneys argue that the state court's interpretation contradicts Pennsylvania law. They emphasize that the legislature's intent was clear regarding the handling of provisional ballots.
According to the RNC's legal filing:
When the legislature says that certain ballots can never be counted, a state court cannot blue-pencil that clear command into always. And here, the General Assembly could not have been clearer.
Pennsylvania's Department of State reports that more than 1.4 million mail ballots have already been returned. The high volume of mail-in votes could significantly impact the election outcome in this battleground state.
Some Pennsylvania counties currently don't allow voters to correct technical errors on their mail ballots, such as improper dates or signature issues. The state court's ruling would provide these voters with an additional opportunity to have their votes counted.
Justice Samuel Alito, who oversees emergency appeals from Pennsylvania, has set a Wednesday deadline for responses to the RNC's application. The tight timeline reflects the urgency of resolving this matter before Election Day.
The Pennsylvania ballot dispute represents one of four election-related emergency motions currently before the Supreme Court. The RNC has requested a ruling by Friday, demonstrating the time-sensitive nature of the case.
As an alternative solution, the RNC has proposed that challenged provisional ballots be kept separate and counted independently. This approach would allow for continued legal review without disrupting the overall vote count.
The RNC's application states:
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.
Other significant election cases await Supreme Court attention, including Robert F. Kennedy Jr.'s requests to remove himself from Wisconsin and Michigan ballots. Additionally, Virginia seeks to remove approximately 1,600 alleged noncitizens from voter rolls. The Pennsylvania case's resolution could establish important precedents for handling rejected mail ballots. Both presidential candidates view Pennsylvania as crucial to their victory, making the outcome of this legal challenge particularly significant.
