Republicans have requested the Supreme Court to prevent Pennsylvania voters from casting a provisional ballot if they fail to use a required “secrecy sleeve” for their absentee ballot. The GOP argues that allowing voters a second chance if their initial ballot is invalidated would amount to an unauthorized do-over and is an incorrect interpretation of state election law. However, the Pennsylvania Supreme Court ruled in favor of allowing provisional ballots to count in these cases to avoid disenfranchising voters over minor technicalities. This issue could impact one of the most hotly contested presidential battles and a competitive Senate race in Pennsylvania, the largest battleground state in the upcoming election.
The GOP’s request to the Supreme Court comes after a study found that mail-in ballots without secrecy envelopes were not counted, but another analysis suggests that only a small number of ballots may be affected. The case that led to the current dispute involves voters in the Democratic primary who were initially notified that their absentee ballots had been improperly submitted and then attempted to cast provisional ballots on election day. The Pennsylvania Supreme Court’s decision to allow these provisional ballots to count has been challenged by Republicans, who want the ruling frozen or provisional ballots from voters with invalidated mail-in ballots to be segregated for potential post-election challenges.
The outcome of this case could have significant implications for how ballots are counted in the upcoming election, particularly in a crucial swing state like Pennsylvania. In the 2020 election, the Supreme Court declined to intervene in a similar dispute about the deadline for receiving absentee ballots, which did not affect the final outcome. With the presidential and Senate races in Pennsylvania expected to be closely contested, any changes to ballot counting procedures could have a significant impact on the results.
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