PA Supreme Court To Rule On ‘Naked Ballots’ In Mail Voting Case

Pennsylvania’s Supreme Court will soon rule on whether counties must count provisional ballots from voters whose mail-in ballots were rejected due to missing secrecy envelopes, also known as “naked ballots.” This decision could affect thousands of votes in the critical November 5th election.

Background of the Case

The case stems from a ruling by the Commonwealth Court, which overturned a Butler County decision that rejected two provisional ballots cast by voters whose mail-in ballots were discarded for lacking secrecy envelopes. The Supreme Court’s ruling could set a precedent for how Pennsylvania handles such ballots moving forward.

The Wider Impact

This ruling comes at a crucial time, as Pennsylvania plays a key role in the upcoming presidential election. Mail-in voting has seen a surge since its expansion, with Democrats more likely to use this method. The fate of rejected ballots could influence election outcomes in the state.

Legal Arguments and What’s at Stake

The appeal, brought by the Republican National Committee, challenges the Commonwealth Court’s decision, arguing that it essentially mandates “ballot curing,” which is not part of state election law. Provisional ballots are typically used when election officials need to verify voter eligibility. The case could also affect ballots rejected for reasons other than missing envelopes.

What Happens Next?

The Pennsylvania Supreme Court will hear arguments from both sides, including the Republican entities, two Butler voters, and the state Democratic Party. A ruling could provide much-needed clarity on how counties handle rejected mail-in ballots, just weeks before election day.