The Supreme Court on Friday declined to block a lower court ruling that permits Pennsylvania voters to cast provisional ballots if their mail-in ballots are invalidated. This decision upholds a Pennsylvania Supreme Court ruling favoring voters in cases where mail ballots fail to meet certain state-mandated requirements.
Since 2019, all registered voters in Pennsylvania have had the option to vote by mail, but they must adhere to strict procedures outlined in the state election code. One key rule requires voters to place their completed ballot inside a “secrecy envelope” before sealing it in the mailing envelope. Failure to use the secrecy envelope results in a “naked” ballot, which is automatically disqualified from being counted.
Pennsylvania’s notification system informs voters via email if their naked ballot has been invalidated, advising them to visit their polling place on Election Day to cast a provisional ballot. While most counties follow this practice, some, including Butler County, do not.
In the 2024 primary election, two voters in Butler County were informed their ballots were invalidated due to missing secrecy envelopes. The voters went to their polling place to cast provisional ballots on Election Day, but Butler County officials refused to count them. The voters subsequently sued, arguing that the Board of Elections was obligated to count their provisional ballots.
The Republican National Committee and Butler County Board of Elections contended that the state election code prohibits counting provisional ballots when mail ballots, even if voided, were received on time. However, the Pennsylvania Supreme Court, in a 4-3 decision, sided with the voters. The court ruled that a naked ballot is void from the moment it is received, meaning it was never officially counted. Therefore, voters whose mail-in ballots were invalidated are eligible to cast provisional ballots.
The RNC and the Pennsylvania Republican Party appealed to the U.S. Supreme Court, arguing that the Pennsylvania Supreme Court’s decision altered the rules for mail voting and encroached on the state legislature’s authority over federal election regulations. The U.S. Supreme Court’s refusal to intervene leaves the state court’s ruling intact, enabling voters to cast and have provisional ballots counted when their mail-in ballots are invalidated.
The potential impact of the Supreme Court’s decision on the 2024 presidential election remains uncertain. The RNC estimates that tens of thousands of voters could be affected, while other election experts believe the number to be far lower. Regardless, Pennsylvania is expected to be a critical battleground state.
