On Friday, the U.S. Supreme Court decided to uphold a lower court decision that currently permits Pennsylvania voters to use provisional ballots if their mail-in ballots have been invalidated.
Since 2019, Pennsylvania voters have had the option to vote by mail. However, to have these mail-in ballots counted, voters must adhere to detailed rules established in the state election code. One such rule mandates that voters must place their ballot inside a “secrecy envelope” before placing it in the mailing envelope. Ballots without this secrecy envelope, referred to as “naked,” are not counted.
The state has implemented a notification system that emails voters whose naked ballots have been invalidated, informing them that they can vote in person with a provisional ballot on election day. This practice is widely followed, although some counties, such as Butler County, have not implemented it.
In the 2024 primary election, two voters were informed that their ballots would be invalid due to the absence of a secrecy envelope. They proceeded to vote provisionally on Election Day, but Butler County declined to count their provisional votes.
These voters subsequently filed a lawsuit, asserting that the Board of Elections was required to count their provisional ballots. However, the Republican National Committee (RNC) and the Butler County Board of Elections argued that under state law, provisional ballots from voters whose mail-in ballots arrived on time cannot be counted even if those mail ballots were invalidated.
Pennsylvania’s Supreme Court, in a narrow 4-3 ruling, sided with the voters. The court concluded that a “naked” ballot is inherently void and, therefore, not considered received or counted by the Board of Elections. Based on this reasoning, if the ballot is considered never received, the voter is justified in casting a provisional ballot.
The Pennsylvania Republican Party and the RNC appealed to the U.S. Supreme Court, seeking to overturn the state supreme court’s decision. They contended that the decision altered the regulations overseeing mail voting and encroached upon the state legislature’s authority over federal election management.
Ultimately, the U.S. Supreme Court chose not to intervene, maintaining the Pennsylvania Supreme Court’s ruling that voters can cast and have their provisional ballots counted when their mail-in ballots are invalidated as “naked.”
The impact of this ruling on the number of affected ballots or its influence on the presidential election is uncertain. The RNC estimated that tens of thousands of voters could be impacted, but other election experts suggested the figure might be significantly lower. Regardless of the exact number, Pennsylvania is anticipated to play a vital role in the election, and depending on the proximity of the race between Vice President Harris and former President Donald Trump, this decision could prove crucial in determining the outcome of the presidency.
