SCOTUS declines to take up provisional ballot case in Pennsylvania filed by GOP

 November 2, 2024

As Election Day inches closer, the fight over ballots -- early, provision, absentee and other types -- has already begun, and the U.S. Supreme Court is already making decisions.

According to USA Today, the U.S. Supreme Court declined to block the counting of some provisional ballots in the key battleground state of Pennsylvania. 

The request to take up the case and issue the block was asked by the Republican Party. At stake are thousands of votes that could potentially shift the election in what analysts believe is a tight race.

The GOP filed the request after the Pennsylvania Supreme Court "said voters should be able to cast provisional ballots if they failed to encase an absentee ballot in the required secrecy sleeve."

What's going on?

The obvious issue with such a rule, as the Republican Party pointed out, is that it gives voters an unauthorized "do-over" for what were described as "naked ballots."

The Republican Party moved hard and fast on the issue given the sheer importance of the state to former President Donald Trump's chances at winning on Nov. 5. Both candidates would almost guarantee a path to the White House with Pennsylvania win.

Vice President Kamala Harris' campaign applauded the Supreme Court's rejection of the GOP challenge. The Democratic Party joined them in the celebration.

The outlet noted:

In a joint statement, spokespeople for the Democratic Party and Vice President Kamala Harris’ campaign said Republicans have been trying to make it harder for votes to count in Pennsylvania and across the country.

The dispute originally erupted over two votes cast in the state's primary, and Justices Clarence Thomas and Neil Gorsuch wrote in a joint statement that if Justice Samuel Alito paused the state's court order, it "would not prevent the consequences they fear."

Alito described the issue as "a matter of considerable importance," but didn't take a side in the fight.

What's a provisional ballot?

USA Today described what provisional ballots mean in the state:

State law allows provisional ballots if the voter "did not cast any other ballot, including an absentee ballot, in the election." It also says a provisional ballot “shall not be counted if the elector’s absentee ballot or mail-in ballot is timely received by a county board of elections.”

Notably, the provisional ballots are set aside until Election Day and only counted when the eligibility of the voter is confirmed.

Both sides argued why they believe the case was valid or not necessary, with Dems arguing that SCOTUS shouldn't be involved

Only time will tell if it ultimately matters.

 

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