As I wrote on Oct. 25, the Pennsylvania Supreme Court agreed with an appellate court’s decision disagreeing with a plea from Republicans, that the state should not count provisional ballots cast by voters whose mail-in ballots were rejected:
On Wednesday, the high court in the Commonwealth of Pennsylvania rejected an appeal by Republicans on behalf of a county election board, which two voters sued to be allowed to cast provisional ballots after irregularities caused their mail ballots to be rejected, by a slim, 4-3 margin.
via The Hill:
The case arose after Pennsylvania’s primary in April, when county election officials rejected provisional ballots cast by two voters in Butler County, which is located north of Pittsburgh.
The voters did not submit their mail ballots with an inner secrecy envelope, an error commonly known as a “naked ballot.” After being notified, the two Pennsylvanians showed up to their polling locations on the day of the primary in an attempt to still vote.
They sued once the county election board rejected the provisional ballots they cast in person. The RNC and Pennsylvania Republican Party intervened to back the board, while the Pennsylvania Democratic Party intervened to support the voters’ challenge.
The case was heard by a trial court, which stated that the board’s action of rejecting the provisional votes was correct; that, however, was overturned by an appeals court, which ruled that the voters should get a do-over with their provisional ballots. That’s when the RNC and the state GOP appealed the case to the Keystone state’s supreme court.
Read More: PA Supreme Court Reaffirms Appellate Decision on Mail Voters Getting a Do-Over With Provisional Ballots
After the ruling, the Pennsylvania Republican Party and the RNC made an emergency appeal to the U.S. Supreme Court. My colleague at sister site Townhall, Sarah Arnold, picks up the story from there:
Just four days before the presidential election, the GOP and RNC’s emergency appeal requesting that the higher court temporarily pause a Pennsylvania Supreme Court ruling that ordered the state not to count mail-in ballots returned with a missing or incorrect date was rejected.
With no noted dissents, Conservative Justice Samuel Alito said that although it is an issue of “considerable importance,” the Supreme Court had several reasons for why it could not get involved this late in the election process.
Alito, Justices Clarence Thomas, and Justice Neil Gorsuch wrote a joint statement saying the case “is a matter of considerable importance.” But, they wrote, “Even if we agreed with the applicants’ federal constitutional argument (a question on which I express no view at this time), we could not prevent the consequences they fear.”
In a joint statement after the Court’s ruling, Harris campaign spokesperson Michael Tyler and Democratic National Committee spokesperson Rosemary Boeglin said:
“In Pennsylvania and across the country, Trump and his allies are trying to make it harder for your vote to count, but our institutions are stronger than his shameful attacks. (Friday’s) decision confirms that, for every eligible voter, the right to vote means the right to have your vote counted.”
RedState will provide updates to this developing story as warranted.
Read related: GOP Victory for Election Integrity With New PA Supreme Court Decision on Misdated Mail Ballots
