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Republicans are urging the US Supreme Court to annul the voting rights of thousands of Pennsylvania residents. On October 23, the Pennsylvania Supreme Court ruled that voters who improperly cast mailed-in ballots, deemed "void," could still cast ballots on Election Day that would be counted. This ruling could restore voting rights to thousands for the November election if it stands.

The case, Genser v. Butler County Board of Elections, presents a complex legal issue involving two competing principles of state law. The state's Supreme Court was divided 4-3 on this matter, with four Democrats in favor and two Republicans, along with one Democrat, dissenting.

On Monday, the Republican Party petitioned the US Supreme Court to intervene, which could potentially disenfranchise these voters. This decision is significant, particularly if the 2024 presidential election is closely contested and Pennsylvania's results become decisive. A Supreme Court ruling in favor of the GOP could potentially shift the election's outcome from Kamala Harris to Donald Trump, as Republicans are expected to vote by mail in larger numbers than in 2020, though Democrats still maintain an edge in this voting method.

The implications of this case extend far beyond the upcoming election. Historically, state supreme courts have had the final say on state law. By introducing the "independent state legislature doctrine" (ISLD), a theory repeatedly rejected by the Supreme Court over the last century, Republicans argue that state legislatures hold exclusive authority over federal election laws. If adopted, this doctrine could disrupt US elections by questioning which officials oversee election laws and whether voters or elected officials determine election outcomes.

Although the ISLD faced substantial rejection in the recent Moore v. Harper (2023) decision, the US Supreme Court's ruling introduced ambiguity by suggesting that state courts could overstep their boundaries, potentially allowing federal intervention in state election law matters. This precedent could empower the Republican-majority US Supreme Court to overturn state court decisions favoring Democrats.

The Genser case revolves around Pennsylvania's stringent mail-in ballot laws, which require voters to place their ballots in two separate envelopes. In 2020, the state's Supreme Court ruled that ballots incorrectly submitted were "void." The plaintiffs in Genser, whose mailed ballots were voided due to improper submission, were initially informed they could vote provisionally on Election Day. However, their provisional ballots were later invalidated.

At the heart of Genser is whether Pennsylvania voters who cast voided mailed ballots can vote via provisional ballots. Pennsylvania law states a provisional ballot "shall not be counted" if a timely mail-in ballot is received. Republicans cite this statute to support their stance in Genser.

As this case progresses, it holds the potential to significantly influence the 2024 presidential election and possibly reshape the landscape of US election laws.