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Republicans lose bid to block Pennsylvania voters from ‘curing’ mail-in ballots

Election workers process ballots at Philadelphia’s vote counting facility on Pennsylvania’s primary election day in Philadelphia, Pennsylvania, U.S. April 23, 2024. REUTERS/Rachel Wisniewski/File Photo 

Pennsylvania Supreme Court Allows Voter Notification for Mail-in Ballot Errors

Court Ruling on Mail-in Ballot Procedures

In a significant ruling, the Pennsylvania Supreme Court has determined that election officials in the state may notify voters of mistakes in their mail-in ballots and allow them to correct these errors, a process referred to as “notice and cure.” The court’s decision, issued on Saturday, marks a setback for the Republican National Committee (RNC), which sought to block this practice in a state crucial to the outcome of the upcoming U.S. presidential election.

Case Timing and Impact on the 2024 Election

The Pennsylvania Supreme Court declined to hear the lawsuit filed by the RNC and its state affiliate, citing the proximity of the legal challenge to the November 5th election. The court emphasized that the case was brought too late to consider before the election. This election will see former President Donald Trump, representing the Republican Party, face off against Vice President Kamala Harris, the Democratic candidate. Pennsylvania, as one of seven key battleground states, holds 19 electoral votes, which are crucial to the state-by-state Electoral College system that will ultimately determine the next president of the United States.

Broader Legal Context

The Pennsylvania case is one of over 120 voting-related lawsuits in which the RNC is currently involved across 26 states. Republicans have argued that these lawsuits are aimed at restoring confidence in the election process by ensuring that illegal voting is prevented. However, some legal analysts and voting rights groups suggest that the extensive legal efforts may be part of a broader strategy to challenge potential electoral losses and suppress Democratic votes.

Additional Rulings on Voting Requirements

In a separate decision on the same day, the Pennsylvania Supreme Court also declined to hear a case brought by voting rights groups that sought to challenge the state’s requirement for mail-in ballots to bear the correct date in order to be counted. The court similarly ruled that this case had been brought too close to the election to be addressed.

Surge in Mail-in Voting and Controversies

The use of mail-in ballots has increased significantly since the COVID-19 pandemic. Former President Trump has repeatedly claimed, without evidence, that mail-in voting is susceptible to widespread fraud, and he has criticized its reliability. Despite these claims, mail-in voting remains a central issue in election-related lawsuits.

Republican and Democratic Arguments on Mail-in Voting

The RNC had argued in its September 18 petition that Pennsylvania’s county election boards lacked the legislative authority to adopt the “notice and cure” procedures, which allow voters to fix errors in their mail-in ballots. However, in a counter-filing on September 20, the Democratic National Committee (DNC) and its state affiliate contended that state election laws provide local boards the authority to implement such measures. They further argued that preventing these procedures would hinder voter participation.

Reactions to the Court’s Decision

Charles Lutvak, a spokesperson for Vice President Harris’ campaign, hailed the court’s ruling as “a victory, not for Democrats, but for our democracy.” As of now, the RNC has not issued a public response to the decision.

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