The U.S. Supreme Court has declined to hear a Republican-led appeal challenging a Pennsylvania court ruling that allows provisional ballots to be counted when voters make errors on their mail-in ballots. The justices’ decision on Friday leaves intact a 2024 Pennsylvania Supreme Court ruling supporting two Butler County voters whose mail-in ballots were rejected for lacking secrecy envelopes. They were permitted to vote provisionally, and the state court ruled those votes should count.
The Republican National Committee and Pennsylvania GOP argued that the decision undermined the authority of the state legislature, violating the U.S. Constitution’s Elections Clause, which states that rules for federal elections must be set by legislatures. Republicans had hoped the high court would provide clarity following its 2023 decision in a North Carolina redistricting case, which allowed limited judicial oversight of election laws but rejected the broader "independent state legislature" theory.
Friday’s Supreme Court action followed a prior emergency request from Republicans to block the ballots ahead of the 2024 presidential election, which the justices also denied. Notably, Donald Trump won Pennsylvania in 2024, after losing it to Joe Biden in 2020.
Provisional ballots serve as a safeguard, allowing votes to count if voter eligibility is later confirmed. In this case, Republicans argued the law doesn’t permit provisional ballots if a timely mail-in ballot was received, while Democrats contended that voters with rejected ballots should be allowed to vote provisionally.
The decision was released earlier than scheduled due to a Supreme Court software glitch, which sent out premature notifications. This follows prior incidents of accidental disclosures, including a draft ruling leak in an emergency abortion case in 2023.
The ruling marks a significant moment in ongoing debates over voting rights, election integrity, and legislative authority.