After allowing Virginia Republicans' voter registration purge earlier this week, the U.S. Supreme Court on Friday rejected a GOP effort to block thousands of ballots for the November 5 election from being counted in the key swing state of Pennsylvania.
Democratic elections lawyer and Democracy Docket founder Mark Elias called the decision "a BIG victory for PA voters."
The ACLU, the group's Pennsylvania branch, and the Public Interest Law Center were all involved in the legal battle and similarly celebrated the high court's decision.
"This is a win for democracy and the rule of law," declared Ari Savitzky, senior staff attorney at the ACLU's Voting Rights Project. The court rightly rejected this eleventh-hour attempt to discount the votes of Pennsylvanians and interfere in the state's electoral process. The bottom line is that voters deserve to have their voices heard."
"A petty error that is irrelevant to a person's eligibility to vote should never interfere with the counting of ballots."
Witold Walczak, legal director of the ACLU of Pennsylvania, stressed that "a petty error that is irrelevant to a person's eligibility to vote should never interfere with the counting of ballots, and provisional ballots are a decades-old fail-safe, a backup, for voters."
Public Interest Law Center senior attorney Ben Geffen called the decision "a step toward a more inclusive election process that respects the rights of all Pennsylvanians."
The case began with the mail-in ballots of two Butler County residents. Justices on the nation's top tribunal upheld the Pennsylvania Supreme Court's recent ruling that commonwealth voters who had mailed ballots disqualified for failing to return them in the required secrecy envelope still have a right to vote by provisional ballot.
The Associated Presspointed out that "as of Thursday, about 9,000 ballots out of more than 1.6 million returned have arrived at elections offices around Pennsylvania lacking a secrecy envelope, a signature, or a date, according to state records."
As the AP reported:
The ruling comes as voters had their last chance Friday to apply for a mail-in ballot in a bellwether suburban Philadelphia county while a county clear across the state gave voters who didn't receive their ballot in the mail another chance to get one.
A judge in Erie County, in Pennsylvania's northwestern corner, ruled Friday in a lawsuit brought by the Democratic Party that about 15,000 people who applied for a mail ballot but didn't receive it may go to the county elections office and get a replacement through Monday.
There were no dissents in Friday's decision, though Justice Samuel Alito wrote in a brief statement joined by fellow right-wingers Clarence Thomas and Neil Gorsuch that "the application of the state Supreme Court's interpretation in the upcoming election is a matter of considerable importance."
While voting rights advocates celebrated, NBC Newshighlighted that "the Supreme Court action does not definitively resolve the legal issue, which could yet return to the justices... More litigation is possible in the coming days."
The Republican National Committee and the Republican Party of Pennsylvania had asked the justices to block the state court's ruling—a request that, as SCOTUSblognoted, "came just eight days before Election Day, with Pennsylvania expected to play a key role in the 2024 presidential race."
Former Republican President Donald Trump is battling Democratic Vice President Kamala Harris for the White House. There is also a key U.S. Senate contest underway in Pennsylvania: Democratic Sen. Bob Casey versus Republican Dave McCormick.
Critics of Trump and his allies are already warning that he may deny the election results if he loses next week, as he did in 2020, even inciting the January 6, 2021 insurrection at the U.S. Capitol as Congress certified President Joe Biden's victory. Trump is running for president despite facing state and criminal charges stemming from his "Big Lie" about the last cycle.
