The decision is likely to affect thousands of mail-in ballots among the millions that will be cast in Pennsylvania, a pivotal 2024 swing state.
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Instructions for voting using an absentee or mail-in ballot, in Doylestown, Pa., last week.
The Pennsylvania Supreme Court ruled on Wednesday that voters who submit mail-in ballots that are rejected for not following procedural directions can still cast provisional ballots.
The decision is likely to affect thousands of mail-in ballots among the millions that will be cast in Pennsylvania, the swing state that holds the most electoral votes and is set to be the most consequential in the presidential election.
The court ruled 4 to 3 that the Butler County board of elections must count provisional ballots cast by several voters whose mail-in ballots were rejected for lacking mandatory secrecy envelopes.
Secrecy envelopes are commonly used to protect the privacy of a person’s vote. In Pennsylvania, voters must accurately sign and date this outer envelope before sending in their ballots.
Under the new ruling, voters whose mail-in ballots are rejected for being “naked ballots,” lacking the secrecy envelope, or for bearing inaccurate or missing information on the envelope will be given the chance to cast a provisional vote at their polling place. The ruling makes the practice available statewide.
Provisional ballots are counted only when the voter’s registration is confirmed after voting — and the rejected ballot will not count. Many counties in the state will notify voters if their mail-in ballots are rejected for not following technical procedures and will give them the opportunity for a provisional vote.
The court’s majority argued that allowing people a provisional vote helps ensure voter access while preventing double voting.
The Republican litigants argued that the Butler County elections board had initially correctly voided the provisional ballots cast by the voters whose mail-in ballots had been rejected on procedural grounds. The ruling is a blow to the Republican National Committee and the state G.O.P., which brought the appeal to the state’s highest court.
A spokeswoman for the R.N.C. did not immediately respond to a request for comment.
The Pennsylvania Democratic Party, which had participated in appealing the case, considered the ruling a victory.
“While Republicans try to block your vote, Democrats are protecting it and standing up for the principle that every eligible voter has a right to make their voice heard, no matter how they vote,” Charles Lutvak, a spokesman for Vice President Kamala Harris’s campaign, and Alex Floyd, a spokesman for the Democratic National Committee, said in a joint statement. “This ruling reaffirms that principle.”
Simon J. Levien is a Times political reporter covering the 2024 elections and a member of the 2024-25 Times Fellowship class, a program for journalists early in their careers. More about Simon J. Levien
See more on: U.S. Politics, 2024 Elections: News, Polls and Analysis, Democratic Party, Republican Party
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Source: nytimes.com
