The Pennsylvania Supreme Court ruled Wednesday in a 4-3 decision that state law provides voters who are denied a mail-in ballot the opportunity to cast a provisional ballot.
More than 1.1 million mail-in ballots have already been returned in key battleground states with just two weeks until Election Day, according to data from the Pennsylvania Department of State. The federation also approved mail-in voting applications for hundreds of thousands of other people.
Wednesday's ruling gives voters a second chance to participate in the next election if their mail-in ballot was rejected because the required secrecy envelope was not returned.
Justice Christine Donahue wrote the majority opinion for herself and three other Democrats on the court. Along with the court's two Republican justices, another Democrat also issued a dissenting opinion.
“In the absence of any other disqualifying fraud, the provisional ballot would have been counted if there were no other ballots belonging to the elector. There were none,” Donahue wrote. for the majority.
The decision is a legal loss for the Republican National Committee (RNC) and the Pennsylvania Republican Party, which has appealed to the state Supreme Court. The Hill has reached out to the RNC for comment.
The incident occurred after county election officials rejected provisional ballots cast by two voters in Butler County, north of Pittsburgh, after Pennsylvania's April primary.
Voters submitted their mail-in ballots without a secrecy envelope, an error commonly known as a “naked ballot.” The two Pennsylvanians who received the notification still showed up to the polls on the day of the primary to vote.
They filed suit when the county election board rejected the provisional ballots they had cast. The RNC and Pennsylvania Republican Party intervened to support the board, while the Pennsylvania Democratic Party intervened to support the voter challenge.
Although the trial court ruled that the provisional ballots were rightfully rejected, the Court of Appeals held to the contrary, ruling that the provisional ballots should have been counted. Republicans then appealed this decision to the Pennsylvania Supreme Court.
Wednesday's ruling upholds the appeals court's ruling.
in his dissenting opinionJudge Kevin Brobson noted that the state Legislature can change Pennsylvania's election laws at any time, but provisional ballots are invalid in their current form.
“The election law provisions at issue are clear and provide that if an elector's mail-in ballot is timely received by the board, the board may not count the elector's provisional vote.” wrote Brobson, joined by two colleagues who disagreed.
Counties in Pennsylvania can notify voters if their mail-in ballot is rejected and allow them to correct the error, known as an amendment, but they are not required to do so. The state Supreme Court is considering whether notice is required in a separate case but has not issued a ruling.
“Just as voters are rejecting Mr. Trump's dark and backward MAGA policies, so too are judges rejecting Mr. Trump's false legal claims,” said Charles Lutback, a spokesman for the Harris-Waltz campaign. He and Democratic National Committee Rapid Response Director Alex Floyd praised the ruling in a statement to The Hill.
“Republicans are trying to stop you from voting, but Democrats are protecting your vote and upholding the principle that every voter has a right to have their voice heard, no matter how they vote. And with this ruling. reaffirms that principle,” the statement continued.
Updated at 8:52 PM ET.
