The SCOTUS is often quiet during an election year. But they’re as busy as ever.
Because the U.S. Supreme Court is hearing an emergency election case.
Republicans Challenge Pennsylvania Supreme Court Ruling on Provisional Ballots
On Monday, Republicans submitted a petition to the Supreme Court aimed at blocking a recent ruling by the Pennsylvania Supreme Court. This ruling permits voters to cast provisional ballots in person on election day if their mail-in ballots have been rejected due to errors.
The Pennsylvania Supreme Court decided on October 23 that provisional ballots from voters whose original mail-in ballots were invalidated could be counted, as stated in court documents. The Republican National Committee (RNC) and the Republican Party of Pennsylvania contend that this allowance is unlawful and could lead to “chaos” and “confusion,” potentially altering election outcomes in the state.
“Even if the Pennsylvania Supreme Court’s decision does not change the outcome of any election, the question of whether the provisional ballots can be added to the vote total would remain a concrete dispute this Court can review,” the court documents note.
They further emphasize, “As this Court knows, this is the second consecutive presidential election in which the Pennsylvania Supreme Court has changed important election rules at the last minute. Reviewing that court’s authority to do so — even after Election Day (when the pressure of an imminent election would be absent) — would provide invaluable guidance for future elections.”
The Supreme Court rarely intervenes in state issues regarding elections— however I could see them intervening here because this Supreme Court of Pennsylvania acted beyond its authority, and made up a law that conflicts with an existing PA law. https://t.co/TpcMM0KQjZ
— The Redheaded libertarian (@TRHLofficial) October 29, 2024
In the context of the upcoming election, supporters of former President Donald Trump were seen volunteering at a Republican Party booth during the Westmoreland Fair, registering voters and distributing lawn signs on August 21, 2024, in rural Westmoreland County.
The Republican appellants argue that the law only permits provisional ballots under specific circumstances and asserts that they are illegal after a voter’s “first (and only) ballot” has been received. They maintain that voters are informed when receiving mail-in ballots that any submissions with incorrect information will not be counted, and therefore, there should be no second chance to vote.
The Pennsylvania Supreme Court’s initial ruling indicated that mail-in ballots with errors are considered invalid and thus do not formally count as a voter’s first ballot.
The plaintiffs describe the original court’s ruling as “so unreasonable that it violates the Elections and Electors Clauses of the U.S. Constitution,” and have requested the Supreme Court to issue an emergency stay by November 1.
Previously, on October 7, the Pennsylvania Supreme Court announced it would refrain from making decisions regarding mail-in ballots so close to the election, including cases that challenge the legality of ballots with incorrect dates.
Recent polling suggests that Republican presidential nominee Donald Trump currently holds a narrow lead over Democratic presidential nominee Kamala Harris in Pennsylvania.
Current poll figures:
Arizona: 🟥 Trump +1.5
Nevada: 🟥 Trump +0.7
Wisconsin: 🟥 Trump +0.3
Michigan: 🟥 Trump +0.1
Pennsylvania: 🟥 Trump +0.5
North Carolina: 🟥 Trump +0.8
Georgia: 🟥 Trump +2.3From RCP (Real Clear Politics) pic.twitter.com/bwHcoTSFrL
— Ed (@ED84VG) October 29, 2024
Both major political parties have identified Pennsylvania as probably the most important state to win this cycle, given that it makes the path to victory much easier with it compared to without it.
For Donald Trump and company, many of their most important efforts have been spent on engaging with previously disaffected Pennsylvania citizens who are eligible to vote in the upcoming presidential election.
In 2016 and in 2020, the Pennsylvania polls under-predicted Donald Trump’s performance on Election Day. Any sort of similar phenomena will essentially clinch the election for Donald Trump in November.
Stay tuned to the DC Daily Journal.
