Supreme Court sides with Democrats in Pennsylvania voting case

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The U.S. Supreme Court ruled on a case involving provisional ballots in Pennsylvania. / Getty Images

The U.S. Supreme Court on Friday left in place a lower court ruling that for now allows Pennsylvania voters to cast provisional ballots if their mail-in ballots have been invalidated.

Since 2019, all Pennsylvania voters have been able to cast ballots by mail, but to have their mail ballots counted, they have to follow strict rules laid out in the state election code. One of those rules requires voters to place their ballot into a “secrecy envelope” before placing it into the mailing envelope. Without the secrecy envelope, the ballot is considered “naked” and will not be counted.

Under a statewide notification system, voters get an email telling them that their naked ballot has been invalidated and that “you can go to your polling place on election day and cast a provisional ballot.” Most counties follow that practice, but some, like Butler County, Pa., do not.

After two voters in the 2024 primary election were notified that their ballots would not be counted because they had not put their ballots in the secrecy envelope, the voters went to the polls on Election Day to cast provisional ballots. But Butler County refused to count their votes.

The voters sued, arguing that the Board of Elections was obligated to count their provisional ballots. The Republican National Committee and the Butler County Board of Elections countered that under the state election code provisional ballots cast by those whose mail ballots were received on time cannot be counted, even if the mail ballots were deemed invalid.

In a 4-3 decision, Pennsylvania’s Supreme Court sided with the voters. The court determined that a naked ballot is automatically void, meaning it was never received or counted by the Board of Elections. Under that logic, if the ballot was never received, a voter is eligible to cast a provisional ballot.

The Pennsylvania Republican Party and the RNC appealed to the U.S. Supreme Court to block the decision. They argued that the state supreme court's decision “dramatically change[d] the rules governing mail voting” and usurped the state legislature's role of regulating federal elections.

On Friday, the Supreme Court declined to intervene, leaving in place the Pennsylvania Supreme Court ruling that allows provisional votes to be cast and counted when a “naked” mail-in ballot is invalidated.

It’s hard to say how many ballots the high court decision will affect or whether it will ultimately impact the outcome of the presidential election. The RNC estimates it could affect tens of thousands of voters. Other election experts say the number is likely far lower. Regardless of the number, Pennsylvania is sure to be a key state on Election Day and depending on how close the race is between Vice President Harris and former President Donald Trump, the decision could be critical in deciding the presidency.