Republicans Ask SCOTUS for Stay in Mail-in Ballot Case

Facts

• The Republican National Committee and the Republican Party of Pennsylvania on Monday requested that the US Supreme Court (SCOTUS) issue a stay to halt enforcement of a lower-court ruling that county election officials must count provisional ballots cast by voters with flawed mail-in ballots.^[1][2]
• Although the Pennsylvania Supreme Court last week ruled 4-3 that voters whose mail-in ballots are rejected can cast a provisional ballot on Election Day, the plaintiffs claim state law says a provisional ballot can't be counted when a mail-in ballot was received in a timely manner.^[3][4]
• Justice Samuel Alito, who hears emergency appeals that originate in Pennsylvania, has requested that the other parties respond to the plaintiffs' request by Wednesday. The plaintiffs have requested a ruling by Friday.^[3]
• This case began during Pennsylvania's 2024 primary election, when two voters sued because they believed the election board was required to count their provisional ballots after their mail-in ballots were rejected.^[5]
• This comes as Republicans in Virginia have asked SCOTUS to overturn a lower court's ruling that prevented the state from removing suspected noncitizens from its voting rolls.^[6]

Sources: ^[1]Pennsylvania Capital, ^[2]CNN, ^[3]The Hill, ^[4]Bloomberg, ^[5]SCOTUSblog and ^[6]Verity.

Narratives

• Republican narrative, as provided by Washington Examiner. The two voters who originated this case are backed by Democratic groups, while the Pennsylvania high court leans left — there's no denying that Democrats are trying to sully election integrity because they think it gives them an advantage. Tens of thousands of votes in a major swing state may be affected by this rule that usurps the state legislature's power — SCOTUS must intervene to stop this politically motivated masquerade undermining the election.
• Democratic narrative, as provided by Democracy Docket. Republicans have decided that voter suppression will be a key to their victory, and they'll do anything to achieve it. SCOTUS has already rejected the idea that the state legislature is immune from court intervention when it comes to regulating federal elections. Yet, the GOP is again putting eligible voters' ability to have their ballots counted at risk by taking superfluous legal action.

Predictions