Public Rights Project – on behalf of a coalition of Pennsylvania county commissioners, councilmembers, and election officials – filed an amicus brief in Genser v. Butler County Board of Elections urging the U.S. Supreme Court not to get in the way of the Pennsylvania Supreme Court’s recent decision affirming the right of voters to cast a provisional ballot in instances when their mail-in ballot is not going to be counted because of an error.
In the new brief, the coalition – which represents more than half of all Pennsylvanians – argues that the state’s Supreme Court did not rewrite the law. Instead, the decision affirms existing practices of many counties, requires minor adjustments for others, and aligns with statewide guidance. The brief also invokes the Purcell Principle, which advises against court intervention so close to the election.
This brief reiterates the previous argument made to the state Supreme Court that provisional ballots enfranchise voters. Additionally, because many Pennsylvania counties allow the use of provisional ballots – and educate voters about the practice – a change to the law with only a few days until the election could cause confusion and disenfranchisement among voters.
