The Brief:

• The Pennsylvania Supreme Court ruled that election officials must count provisional ballots from voters whose mail-in ballots were rejected, despite challenges by the RNC and Butler County Board of Elections.
• The decision supports the rights of voters like Faith Genser and Frank Matis, whose provisional ballots were initially invalidated due to mail-in ballot errors, ensuring their votes are counted.
• The RNC has filed numerous lawsuits across the U.S. concerning voting procedures, emphasizing the need for electoral integrity, even as they face setbacks like this ruling.

In a landmark decision, the Pennsylvania Supreme Court ruled on Wednesday that election officials are required to count provisional ballots from voters whose mail-in ballots have been rejected. This ruling supports a previous decision made in September and represents a significant setback for the Republican National Committee (RNC) and the Butler County Board of Elections.

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Both had contended in court that the state's Election Code does not permit counting a voter’s provisional ballot if their mail-in ballot was submitted on time, even under circumstances where the voter believes or has been informed that their mail-in ballot was discarded.

The legal action originated from Butler County voters Faith Genser and Frank Matis, who both opted to vote in person during the 2024 primary election after learning their mail-in ballots were invalidated for not being enclosed in secrecy envelopes. Despite this effort to ensure their votes counted by casting provisional ballots, they were later informed these too were not considered valid.

This ruling comes as Pennsylvania stands as a critical battleground state, pivotal in determining the outcome of future presidential elections, including that of 2024. Earlier this month, the state's high court also decided against Republicans by refusing to entertain a lawsuit from the RNC. This lawsuit challenged whether election officials could inform voters about errors on their mail-in ballots and permit corrections.

The Public Interest Law Center attorney Ben Geffen remarked following Wednesday's ruling, emphasizing that electoral systems must be structured to affirm every eligible voter's right to cast a ballot and have it counted. Representing Genser and Matis alongside the American Civil Liberties Union of Pennsylvania, Geffen noted, "Today's ruling fortifies every eligible voter across Pennsylvania with the assurance that should there be an error with their mail ballot return packet, they possess an opportunity through provisional voting for it to be rectified and counted in this crucial election."

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It is worth noting that the RNC has embarked on filing over 100 lawsuits across 26 states targeting voting procedures. The committee articulates these legal battles as efforts aimed at reinstating confidence in electoral processes and ensuring lawful voting practices are upheld.

Despite facing setbacks such as today's ruling and earlier decisions by the Pennsylvania Supreme Court, Republicans did secure a victory earlier this month when the court declined to hear a challenge against requiring mail-in ballots to bear correct dates for them to be considered valid—a stance Republicans argue is vital for protecting electoral integrity. The Supreme Court highlighted then too that timing issues related to when cases were filed played into its decision-making process.

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