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By Mae Slater on
 October 25, 2024

Pennsylvania Court Upholds Provisional Ballot Ruling

In a significant ruling, the Pennsylvania Supreme Court concluded that voters who face rejection of their mail ballots can resort to voting provisionally. This decision, announced on Wednesday, marks a pivotal moment in the ongoing legal battle over election procedures.

The Hill reported that the court's 4-3 decision allows voters with rejected mail-in ballots due to missing secrecy envelopes to instead cast provisional ballots, affecting over 1.1 million Pennsylvania voters just weeks before Election Day.

The contentious ruling stems from a case involving undeliverable ballots known as "naked ballots," which lack the required secrecy envelopes.

This development follows an initial challenge from a primary election dispute in April, when Butler County rejected such provisional ballots.

Majority and Dissenting Opinions in Court

In the majority opinion, Justice Christine Donohue, along with three other Democratic justices, affirmed the appeals court's stance that these provisional ballots should indeed be counted. Justice Donohue expressed that without any other electoral issues, the ballots were valid.

However, the decision met with dissent. Justice Kevin Brobson voiced disagreement, emphasizing that current legislation explicitly invalidates provisional ballots under these circumstances, highlighting a call for legislative intervention instead of judicial decisions.

The ruling is a setback for the Republican National Committee and the Pennsylvania Republican Party, both of which had sought to uphold the initial trial court's decision to reject such ballots. Their appeal was based on preserving the legislative framework established for election protocols.

With over 1.1 million mail ballots returned to date, this ruling significantly impacts the voting landscape in Pennsylvania.

It addresses concerns surrounding the processing of mail-in ballots and the potential exclusion of voters due to procedural errors.

Political reactions have been swift. RNC spokesperson Claire Zunk expressed clear disagreement with the court's ruling, underscoring the importance of implementing legislative safeguards designed to secure electoral processes.

The decision also sparked responses from the Democratic side. Harris-Walz campaign spokesperson Charles Lutvak and Democratic National Committee's Alex Floyd celebrated the ruling as a victory for voter inclusivity and the exercise of electoral rights.

Potential Legislative Changes and Future Decisions

One point of ongoing discussion is the role of legislative bodies in shaping election laws. Justice Brobson's comments focused on the potential for the state Legislature to amend existing statutes to rectify ambiguities noted in this ruling.

Moreover, the issue of whether counties are mandated to notify voters about rejected ballots remains unresolved. As Pennsylvania’s top court deliberates on this separate matter, future implications for election procedures are anticipated.

The court's decision clarifies, for now, the standing of mail and provisional ballots in Pennsylvania elections. However, it leaves room for further legal challenges and discussions about reforming election laws at state legislative levels.

The Pennsylvania Supreme Court's recent decision marks a decisive moment in shaping the state's voting procedures. Former provisional ballot rejections have been overturned, allowing broader voter participation despite procedural missteps.

This ruling, while celebrated by some, poses questions about the balance between judicial interpretation and legislative action in electoral law. As counties grapple with the ruling's implications, the focus shifts to pending court decisions on voter notification practices.

Written By:
Mae Slater

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