The U.S. Supreme Court on Friday upheld a Pennsylvania court decision that could provide additional options for voters whose mail-in ballots are rejected due to technical errors, marking a setback for Republicans in a key battleground state. No dissents were noted in the ruling.
For Pennsylvania voters who mistakenly completed their mail-in ballots incorrectly, this decision may allow them to use a provisional ballot as a backup, ensuring their vote is counted. However, the exact number of voters affected remains uncertain, as not all counties notify voters of issues with their mail ballots. Both parties in the case estimated that potentially “thousands” of votes could be impacted.
Justice Samuel Alito, joined by Justices Clarence Thomas and Neil Gorsuch, wrote a brief statement indicating that the court could not grant the relief sought by Republicans even if it wished to do so.
The case arose when two voters in Butler County failed to place their ballots in the required secrecy sleeve, leading to their rejection. These voters attempted to cast provisional ballots on Election Day, only to find that their votes would not be counted due to their prior submission of a flawed mail-in ballot. The Pennsylvania Supreme Court ultimately ruled that provisional ballots should be counted if the original ballots were deemed invalid.
The ruling underscores ongoing debates about election integrity and procedural fairness, especially in Pennsylvania, a state anticipated to play a significant role in the upcoming election.
The Supreme Court’s decision highlights Pennsylvania’s ongoing struggle with varying standards for handling defective mail-in ballots. This case particularly focused on “naked ballots” — ballots submitted without the required secrecy sleeve. Different Pennsylvania counties handle defective ballots inconsistently; some notify voters to correct the issues, while others do not, adding to the uncertainty of how many votes could be affected.
In their emergency appeal, Republicans asked the Supreme Court to prevent the counting of provisional ballots cast by voters whose mail-in ballots were rejected due to errors like the missing secrecy sleeve. The Republican National Committee framed the case as having broad implications, claiming it could affect “tens of thousands” of votes. Democrats and voting rights advocates, however, argued that the provisional ballot process serves as a safeguard, allowing voters to rectify mistakes and ensure their voices are heard.
Justice Alito’s statement, joined by Justices Thomas and Gorsuch, acknowledged the importance of the issue but noted the Court’s limited power to intervene. He remarked that even if he agreed with the Republican argument, the Court couldn’t prevent the outcome they feared. Alito’s statement further indicated that issues concerning state election laws often fall under state jurisdiction, reinforcing the principle that states largely control their election rules unless they breach federal law.
This ruling also reflects broader, unresolved tensions in U.S. election law. The case brings attention to the “Purcell principle,” which advises courts to avoid last-minute changes to election rules, especially in state matters. Republicans argued that the Pennsylvania court’s decision violated this principle by intervening in election rules close to Election Day. Voting rights groups countered that the Purcell principle applies primarily to federal courts and does not limit state courts’ authority to interpret state law.
In this dispute, the Republican argument was partly based on an emerging constitutional theory — that state legislatures have exclusive authority over election laws, a concept the Supreme Court declined to endorse in a 2023 decision on North Carolina’s redistricting. The Court’s refusal to revisit this theory in the Pennsylvania case leaves questions about federal oversight over state election laws unresolved.
Beyond Pennsylvania, the ruling may influence future election disputes, particularly in battleground states where tight margins could magnify the importance of every vote. With Pennsylvania’s central role in past elections and a close race anticipated between Trump and Harris, ensuring ballot integrity while safeguarding voters’ rights has become a critical issue for both sides.
The Supreme Court’s decision in this Pennsylvania case underscores a growing debate over how courts, particularly at the state level, manage election rules that could sway tight races. At the core of the case were "naked ballots" — mail-in ballots missing a secrecy sleeve — and whether voters who submit these flawed ballots should have a second chance through provisional ballots.
This ruling impacts more than just the voters directly involved. Given that different Pennsylvania counties handle defective ballots inconsistently, some voters are allowed to "cure" their ballots, while others are not notified of errors at all. This discrepancy could mean thousands of ballots statewide may go uncounted due to technical mistakes, which both Republicans and Democrats recognize as potentially decisive in a close election.
The Republican National Committee (RNC) appealed to the Supreme Court, arguing that Pennsylvania’s Supreme Court overstepped by granting voters the ability to correct errors with provisional ballots. Republicans claimed this approach disrupts election integrity, as state law bars voters from casting provisional ballots if they’ve already submitted a mail-in ballot, even if it’s defective. The RNC requested either a pause on the ruling or that the disputed ballots be separated statewide, framing the case as one with widespread implications for election administration in Pennsylvania and beyond.
Justice Samuel Alito’s brief response, supported by Justices Clarence Thomas and Neil Gorsuch, argued that the Supreme Court could not grant the RNC’s request even if it found the argument persuasive. His statement stressed that this was a state matter where the federal court had limited grounds to intervene. Alito also acknowledged the case’s significance, hinting at a broader conversation on how courts should approach state election laws in high-stakes contests.
The decision has rekindled concerns around the “Purcell principle,” which generally advises courts against changing election procedures shortly before an election. The RNC argued that Pennsylvania’s high court had violated this principle by making last-minute adjustments to ballot handling rules. Voting rights advocates countered, saying Purcell primarily limits federal intervention in state-run elections, and that states should retain the flexibility to adapt rules that address voter disenfranchisement without federal interference.
In the background of this case is a recent but contested constitutional theory that state legislatures alone hold the power to set election rules without judicial review by state courts. Although the Supreme Court did not fully endorse this argument in a 2023 decision on North Carolina’s redistricting, it remains a contentious issue, as evidenced by the RNC’s attempt to push the theory forward in the Pennsylvania case. This theory suggests that if state legislatures were given exclusive authority, they could override state courts in interpreting and applying election rules, a position that could reshape election oversight across the country if adopted.
Adding to the complexity, this ruling came just after the Court allowed Virginia to remove around 1,600 voters from its rolls due to suspected noncitizenship. Voting rights organizations criticized this move, citing concerns that some eligible citizens were mistakenly removed. The Virginia decision, made without explanation, drew criticism from immigrant and voting rights groups and added to the scrutiny around the Court’s approach to voting rights, especially as it involved disenfranchisement risks.
In Pennsylvania, the decision has immediate implications. With polls indicating a neck-and-neck race between Vice President Kamala Harris and former President Donald Trump, any additional restrictions or protections around ballot counting could prove crucial. The stakes of the ruling are heightened by Pennsylvania’s historical role as a tipping-point state, where even minor changes in ballot eligibility could impact election outcomes. As election day approaches, Pennsylvania’s approach to provisional ballots, secrecy sleeves, and voter notification processes may become a blueprint for other battleground states wrestling with similar challenges.
This decision is a snapshot of a larger national struggle over election processes and court involvement, one that is likely to persist as states continue to adapt to rising voter turnout and the increasing use of mail-in voting. With federal and state courts at the center of these issues, the battle over election integrity and accessibility is likely to intensify, especially in swing states where close margins can make every vote pivotal.
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