The Pennsylvania Supreme Court ruled Wednesday that election officials must count provisional ballots cast by voters whose mail-in ballots are rejected.
The ruling upholds a lower court's decision in September and is a blow to the Republican National Committee (RNC), which argued in court alongside the Bulter County Board of Elections that state law does not allow a voter to cast a ballot in person if their mail-in ballot is returned on time, regardless of if the voter suspects or is told that their mail-in ballot was rejected.
The suit was first filed by Bulter County voters Faith Genser and Frank Matis, who cast a vote in person during the 2024 primary election after they were notified that their mail-in ballots were rejected because they failed to enclose their ballots in a secrecy envelope before returning them. Both Genser and Matis were later notified that their provisional ballots were also not counted.
Pennsylvania is among a handful of key swing states that could determine the outcome of the 2024 presidential election. The state's high court also ruled against Republicans earlier this month, ruling that election officials can notify voters of mistakes on their mail-in ballots and let them make changes. The RNC had sued to block the practice.
This is a developing story that will be updated as information becomes available.