The Pennsylvania Supreme Court issued a ruling on Wednesday that allows voters to cast provisional ballots in person at their polling place if their mail ballots are rejected due to certain defects. This decision could potentially give thousands of Pennsylvanians the opportunity to vote, even if their mail-in ballots were disqualified.
The ruling comes as a result of a case involving Butler County residents who sued after the county refused to count their provisional ballots in the 2024 primary election. The Republican National Committee, which appealed the initial ruling that favored the residents, was unsuccessful in their efforts.
Provisional voting is a process offered at polling places when there are questions about a voter's eligibility. The provisional vote is only counted after the voter's eligibility is confirmed. In this case, the provisional vote would be counted if the voter's mail-in ballot had been rejected.
The ACLU of Pennsylvania, representing the voters in the case, believes that the ruling applies to all counties in the state. The Democratic National Party also supported allowing provisional voting in this context.
In its majority ruling, the Pennsylvania Supreme Court stated that state statutes do not prohibit provisional voting for voters whose mail ballots were rejected due to errors such as missing outer envelopes or incorrect dates. The court emphasized that this interpretation aligns with voter protections outlined in the Pennsylvania Constitution.
While the full impact of the ruling remains uncertain, approximately two-thirds of Pennsylvania counties currently notify mail voters before Election Day if there are fatal errors on their mail ballot envelopes. Another case pending before the state Supreme Court seeks to mandate statewide notification in such cases.
Furthermore, in addition to provisional voting, at least 36 of Pennsylvania's 67 counties allow mail voters to correct errors on their mail-in ballots, providing additional opportunities for voters to ensure their ballots are counted.
