Key Takeaways:
- The Republican National Committee and the Pennsylvania Republican Party are pushing for a delay in a ruling that could impact thousands of voters.
- This ruling, passed by Pennsylvania’s Supreme Court, allows voters to cast a provisional ballot if their previous mail-in ballot has been rejected.
- These Republican bodies believe that this rule changes the nature of the election and is a potential violation of the Constitution’s clause that State legislatures have the power to establish the “times, places, and manner” of elections.
A Legal Bid to Pause Court Ruling
The Republican National Committee and the Pennsylvania Republican Party have submitted an application to the state’s Supreme Court. They want to delay a recent ruling related to mail-in voting. The ruling could impact thousands of voters in the upcoming November election. This move has been initiated while they wait for the U.S. Supreme Court to consider an appeal.
An Overview of the Controversial Ruling
Here’s what the fuss is about. Recently, the Pennsylvania Supreme Court said that county election officials must let voters cast a provisional vote if their first mail-in vote is rejected. However, this is only if there aren’t any additional issues that could disqualify the ballot.
The Republican organizations aren’t happy with this. They believe that this rule breaks the court’s own advice against changing voting practices during an ongoing election.
Earlier in October, the State Supreme Court rejected requests to sort out uncertainties about Pennsylvania’s mail voting law just weeks before the presidential elections. The court said that changing voting rules so close to an election could confuse voters. Given this, the RNC and Pennsylvania Republican Party have said that the Court should follow its previous stance and not “significantly change” the rules for the county boards counting the votes.
The Majors Issues with the Ruling
The action to uphold a Commonwealth Court panel’s decision in favor of Butler County voters was what kicked off this whole issue. These voters’ mail-in ballots were discarded because they weren’t sealed in a second “secrecy envelope”. The ruling allowed those voters to cast provisional votes, seen as offering them the chance to correct their mail-in ballot errors.
Now, here’s the Republican groups’ problem with this. They think that it changes the basic nature of the election. The groups argue that by letting voters who couldn’t stick to the rules have another go is unfair. Further, they argue that this ruling goes against the U.S. Constitution. The Constitution allows state legislatures to determine the “times, places, and manner” of elections.
Striving for a Resolution
In their legal bid, the Republican groups are confident that they have a strong chance of winning if the U.S. Supreme Court accepts the Butler County case. The state’s legislature has explicitly forbidden voters from casting a provisional ballot if their mail-in ballot is received on time. However, the law doesn’t say anything about the validity of the voters’ mail ballots.
The Republican bodies also argue that the State Supreme Court should stay its decision to avoid causing them an “irreparable injury” on election day. They further claim delaying the ruling would uphold the public interest and prevent others from harm by preserving the integrity of the ongoing election.
Further Legal Issues on Mail-in Ballots
Other issues related to mail-in ballots are pending decision before the state Supreme Court. These cases focus on whether mail-in votes should be rejected if the voter makes a mistake with the date or gives officials the chance to correct it. Another ongoing lawsuit is looking at whether Washington County election officials must accurately report if mail-in ballots have been rejected.
In conclusion, this tug-of-war over the ruling on mail-in voting is causing a stir just weeks before the crucial November 5 presidential elections. As voters await resolution, the battle continues. All eyes are now on the U.S. Supreme Court as to what their next step will be.