Article Summary –
The Pennsylvania Supreme Court ruled that provisional ballots should count if mail-in ballots are rejected for technical errors, marking a setback for the Republican Party. This decision impacts numerous mail-in ballots likely to face rejection in upcoming elections, emphasizing voter rights over procedural errors.
Pennsylvania Court Allows Provisional Ballots for Rejected Mail Votes
HARRISBURG — In a significant ruling, Pennsylvania’s top court decided that voters whose mail ballots are dismissed due to technical errors can use provisional ballots. This decision will impact many mail-in votes likely facing rejection this fall.
The Supreme Court’s 4-3 decision mandates Butler County’s election board to count provisional ballots cast by two voters. Their mail-in ballots were voided for lacking required secrecy envelopes, marking a defeat for Republican interests who supported the rejections.
Secrecy envelopes serve to keep ballots private as they are processed. Voters must also sign and date the outer envelope. As of October 24, nearly 1.9 million mail ballots had been requested in Pennsylvania, with over 1.1 million returned, per the Pennsylvania Department of State.
The two voters received alerts about their “naked ballot” issue and cast provisional ballots on election day. They sued following Butler County’s decision to reject these provisional ballots, a stance a county judge initially supported.
Mail-in voting rules in Pennsylvania have significantly evolved since a 2019 law, leading to numerous legal challenges. As a crucial swing state, Pennsylvania’s electoral decisions are under intense scrutiny with the presidential election nearing its end.
Not all counties notify voters of mail-in ballot rejections before Election Day, though this allows them to cast provisional ballots, noted the ACLU of Pennsylvania.
Justice Christine Donohue, for the majority, emphasized the Election Code’s intent to enable voting, not hinder it.
In dissent, Justice Kevin Brobson, supported by another Republican and one Democratic justice, argued the voters’ provisional ballots should not count, as they had already voted by mail.
Brobson stated voters must adhere to election laws, whether regarding secrecy envelopes or polling times. He noted lawmakers could have directed boards to count such provisional ballots but didn’t.
ACLU attorney Witold Walczak remarked that this ruling allows all voters with disqualified mail-in ballots to cast valid provisional votes statewide.
“Ultimately, it’s about ensuring one vote counts,” said Walczak. “If a mail ballot is disqualified, the provisional ballot should count.” He predicts disqualified mail-in ballots will number in the tens of thousands this election.
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