
Republican National Committee v. Genser
Certiorati Briefing
A petition for a writ of certiorari is a brief that asks the Supreme Court to review a lower court鈥檚 ruling, either from a federal appellate court or a state鈥檚 court of last resort. A Brief in Opposition urges the Court not to review the case, and is filed by the party that prevailed in the lower court.
What's at Stake
Voters in Butler County, Pennsylvania made a mistake in voting their mail ballots in the April 2024 primary election, forgetting to use the required secrecy envelope. Because their mail ballots could not be counted, they went to the polls in Election Day and voted provisional ballots. The County later determined that it would not count their provisional ballots, and the voter鈥檚 appealed, arguing that Pennsylvania law requires that when an eligible voter attempts to vote by mail but the mail ballot is rendered void due to some defect like lacking a secrecy envelope, the eligible voter may cast a provisional ballot and have that ballot counted notwithstanding the failed attempt to vote by mail.
Summary
This case involves two voters who voted by provisional ballot in the 2024 Democratic Primary in April. These voters tried to vote by mail but their mail ballot packages were rejected because of a defect (in their case, a 鈥渘aked ballot鈥). Most counties in Pennsylvania have long let voters vote by provisional ballot in these circumstances based on Pennsylvania law, which says that counties 鈥渟hall count鈥 voters鈥 provisional ballots in those circumstances. Butler County did not.
The voters appealed and won in the Commonwealth Court, after which the Republican Party, which intervened in the case, appealed and sought further review from the Pennsylvania Supreme Court take up this case and decide it before the election.
On October 23, 2024, the Pennsylvania Supreme Court decided the case in voters鈥 favor, ruling that the Pennsylvania Election Code required their ballots to be counted.
On October 28, 2024, the Republican Party filed an application for a stay in the United States Supreme Court, based on a radical argument that this purely state law decision violated the U.S. Constitution, and asked the Supreme Court to intervene and order new rules for the treatment provisional ballots in Pennsylvania. The voters filed their response on October 30. On November 1, 2024, the U.S. Supreme Court denied the Republican Party's application for a stay, which ensured that voters whose mail ballots were rejected because of a paperwork mistake could vote a provisional ballot on Election Day and have that ballot counted.
In January 2025, the Republican Party requested the U.S. Supreme Court to consider the case on the merits by taking up certiorari review.
Legal Documents
-
01/21/2025
Petition for Writ of Certiorari
Date Filed: 01/21/2025
Court: Supreme Court (U.S.)
-
11/01/2024
Order Denying Application -
10/31/2024
Reply Brief in Support of Emergency Application for Stay Pending Disposition of a Petition for a Writ of Certiorari -
10/30/2024
Brief of the Public Interest Legal Foundation as Amicus Curiae in Support of Neither Party -
10/30/2024
Amicus Brief of the American Center for Law and Justice in Support of Applicants -
10/30/2024
Amici Curiae Brief of Pennsylvania County Officials in Opposition to Emergency Application -
10/30/2024
Brief of Commonwealth of Pennsylvania & Department of State as Amici Curiae in Opposition to the Emergency Application for Stay -
10/30/2024
Brief of Former Government Officials as Amici Curiae in Support of Respondents -
10/30/2024
Pennsylvania Democratic Party's Opposition to Emergency Application for Stay -
10/30/2024
Response in Opposition to Application for Stay of Genser and Matis -
10/28/2025
Emergency Application for Stay Pending Petition for Writ of Certiorari
Date Filed: 11/01/2024
Court: Supreme Court (U.S., Application for Stay)
Date Filed: 10/31/2024
Court: Supreme Court (U.S., Application for Stay)
Date Filed: 10/30/2024
Court: Supreme Court (U.S., Application for Stay)
Date Filed: 10/30/2024
Court: Supreme Court (U.S., Application for Stay)
Date Filed: 10/30/2024
Court: Supreme Court (U.S., Application for Stay)
Date Filed: 10/30/2024
Court: Supreme Court (U.S., Application for Stay)
Date Filed: 10/30/2024
Court: Supreme Court (U.S., Application for Stay)
Date Filed: 10/30/2024
Court: Supreme Court (U.S., Application for Stay)
Date Filed: 10/30/2024
Court: Supreme Court (U.S., Application for Stay)
Date Filed: 10/28/2025
Court: Supreme Court (U.S., Application for Stay)
-
10/23/2024
Opinion -
10/25/2024
Appellants' Application for Stay of Judgement -
10/27/2024
Voter-Appellees' Answer to Application for Stay of Judgement
Date Filed: 10/23/2024
Court: Supreme Court (Pennsylvania)
Date Filed: 10/25/2024
Court: Supreme Court (Pennsylvania)
Date Filed: 10/27/2024
Court: Supreme Court (Pennsylvania)
-
09/05/2024
Opinion -
08/23/2024
Brief of Voter-Appellants Faith Genser and Frank Matis
Date Filed: 09/05/2024
Court: Commonwealth Court (Pennsylvania)
Date Filed: 08/23/2024
Court: Commonwealth Court (Pennsylvania)
-
08/16/2024
Memorandum Opinion -
04/29/2024
Petition for Review in the Nature of a Statutory Appeal
Date Filed: 08/16/2024
Court: Court of Common Pleas (Butler County, Pennsylvania)
Date Filed: 04/29/2024
Court: Court of Common Pleas (Butler County, Pennsylvania)
Press Releases
红杏视频 and Public Interest Law Center Comment on U.S. Supreme Court Ruling in Pennsylvania Voting Challenge