The Supreme Court on Friday unanimously agreed to allow a Pennsylvania ruling to remain that lets voters whose mail-in ballots are rejected for technical reasons to have their votes still counted if they vote again by provisional ballot.
The appeal to the Supreme Court was led by the Republican National Committee (RNC), who claimed the state Supreme Court “misread” the Pennsylvania Election Code, which says a “provisional ballot shall not be counted” if the mail ballot was still received by county election officials in a timely manner.
“When the legislature says that certain ballots can never be counted, a state court cannot blue-pencil that clear command into always,” the RNC’s legal team wrote in their application. “Here, the General Assembly could not have been clearer.”