WASHINGTON – Republicans on Monday asked the U.S. Supreme Court for an emergency order in Pennsylvania that could result in thousands of votes not being counted in this year's election in the battleground state.
Just over a week before the election, the court is being asked to step into a dispute over provisional ballots cast by Pennsylvania voters whose mail ballots are rejected for not following technical procedures in state law.
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The state's high court ruled 4-3 that elections officials must count provisional ballots cast by voters whose mail-in ballots were voided because they arrived without mandatory secrecy envelopes.
The election fight arrived at the Supreme Court the same day Virginia sought the justices' intervention in a dispute over purging voter registrations.
Four years ago, the high court weighed in on pandemic-inspired changes in voting rules in several states, including Pennsylvania.
In their high-court filing, state and national Republicans asked for an order putting the state court ruling on hold or, barring that, requiring the provisional ballots be segregated and not included in the official vote count while the legal fight plays out.
They argued that the legislature did not provide for giving voters a do-over if they make mistakes on ballots they put in the mail.
Secrecy envelopes keep ballots concealed as elections workers open the stamped outer envelopes used to mail the whole packets back. Voters also must sign and date the exterior envelopes. Pennsylvania voters have so far applied for 2 million mail ballots.
Two voters in western Pennsylvania's Butler County sued after the local board of elections rejected the provisional votes they cast once they were informed of problems with the ballots they had mailed.
A county judge had upheld the election officials’ decisions.
Mail-in ballot rules in Pennsylvania changed drastically under a 2019 law, widely expanding their use and producing a series of lawsuits.
Most counties — but not all — help inform voters in advance of Election Day that their mail-in ballot will be rejected, giving them the opportunity to cast a provisional ballot at their polling place, according to the American Civil Liberties Union of Pennsylvania.