Supreme Court rejects Republicans' request to block provisional ballots in Pennsylvania
The Court upheld an earlier ruling allowing voters to return their mail-in ballots and be able to vote provisionally at their polling place.
The ruling was written by Judge Robert McBurney/ Erik (HASH) Hersman.
The U.S. Supreme Court denied the Republicans' petition to prevent Pennsylvania officials from counting the provisional votes of those voters whose vote-by-mail ballots were thrown out due to certain defects.
The decision follows a challenge by the Republican National Committee (RNC), which argued that the practice violated state law and could affect a significant number of voters in a crucial presidential election state.
Details of the ruling
The Supreme Court upheld an earlier ruling that allows voters to return their mail-in ballots without the secret envelope and required documentation, and still be able to vote provisionally at their polling place. This means that those whose mail-in ballots were voided will be able to exercise their right to vote in person, even in counties that do not allow voided ballots to be corrected due to technical problems.
RNC reaction and court justification
The RNC asked the Supreme Court to halt the Pennsylvania court's decision or to set aside the disputed ballots pending its appeal. In its request, the RNC argued that there was a major issue over how voting is regulated.
Three conservative Supreme Court justices, Samuel Alito, Clarence Thomas and Neil Gorsuch, noted in a statement that the issue is of great significance but explained that staying the state court decision would not create any legal obligations for state officials charged with overseeing this year's elections.
Impact on voter turnout
According to the Pennsylvania Department of State, about 2.2 million residents have requested vote-by-mail ballots for the upcoming election. MIT's Election Science and Data Lab analysis suggests that approximately 1.1% of mail-in ballots were rejected in 2020 for failing to meet envelope requirements.
Context of election litigation
This case is part of a broader series of legal challenges related to presidential elections. In Wisconsin and Michigan, the court decided not to allow former independent candidate Robert F. Kennedy Jr. to remove his name from the ballot. At the same time, Virginia approved the removal of 1,600 voter registrations that state officials say are listed as non-citizens.
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