The Democratic National Committee is ramping up its fight with the GOP over voting rights, urging the Supreme Court to reject Republicans’ efforts to limit provisional voting in Pennsylvania.

The brief, first shared with POLITICO, argues that the high court lacks jurisdiction to hear the case and that doing so would burden the court with requests to take up “any and every state-law election” dispute in the future.

The Republican National Committee is asking the Supreme Court to overturn a decision by Pennsylvania’s highest court that allows voters to use provisional ballots if their mail ballots have been rejected. Republicans argued that the Pennsylvania Supreme Court had usurped the state legislature’s power to regulate elections when the justices ruled that such provisional ballots must be counted.

The case originated when a county election board in Pennsylvania did not count a handful of voters’ provisional ballots during the 2024 primary after their mail ballots were tossed out because they lacked so-called secrecy envelopes. The Pennsylvania Supreme Court ruled in the voters’ favor 4-3.

The RNC appealed to the U.S. Supreme Court to block that decision before the presidential election in November, but the court declined.

“Pennsylvanians deserve to have their votes counted in every election — full stop. Simple errors on mail-in ballots shouldn’t impede Pennsylvanians from exercising their rights at the ballot box,” said DNC chair Ken Martin.

The Democrats’ brief will be filed Friday by the Pennsylvania Democratic Party, to which the DNC provided financial support and legal assistance.

Any decision in the case could have an impact on upcoming races in the battleground state of Pennsylvania, including the midterm elections in 2026 that could help determine the balance of power in the U.S. House. Both parties have fought for years in court over Pennsylvania’s mail voting, which was dramatically expanded in 2019.

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